Page No.# 1/3 GAHC010135502025 2025:GAU-AS:8328 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3490/2025 M/S ASEAN AGENCIES REP. BY ITS PROPRIETOR - SRI TARIK TALOM, AGED ABOUT 48 YEARS, S/O. TAROK TALOM PRESENTLY RESIDING AT H/NO. HARMONY APARTMENT, VIP ROAD, P.O. NOONMATI, P.S. SATGAON, GUWAHATI- 26, DIST. KAMRUP (M), ASSAM. VERSUS CANARA BANK AND 2 ORS REP. BY ITS MANAGING DIRECTOR AND CEO, CANARA BANK HEAD OFFICE, 112 JC ROAD, BENGALURU, KARNATAKA 560002. 2:DIVISIONAL MANAGER CANARA BANK CIRCLE OFFICE 1ST FLOOR DEE BEE GRANDE PANJABARI ROAD SIXMILE GUWAHATI 781022 ASSAM. 3:BRANCH MANAGER CANARA BANK PASIGHAT BRANCH OMAN SHOPPING COMPLEX FIRST FLOOR PASIGHAT MAIN MARKET EAST SIANG PASIGHAT ARUNACHAL PRADESH- 791102 Advocate for the Petitioner : MS N SAIKIA, M P CHOUDHURY,MR M Z RAHMAN,MRS. P GOSWAMI Page No.# 2/3 Advocate for the Respondent : SC, CANARA BANK, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 23-06-2025 Ms. N Saikia, learned counsel for the petitioner prays that she may be allowed to withdraw the writ petition, with liberty to file afresh, after making the Railways a party in the fresh writ proceedings. 2. Mr. G Das, learned counsel for the Canara Bank submits that though the Railways had wanted to invoke the Bank Guarantee, the Bank Guarantee was not invoked due to the pendency of WP(C) 7215/2021, which was, however, disposed of on a subsequent date. 3. There was no stay order passed by this Court in WP(C) 7215/2021, which was disposed of as follows:- “In view of the above, as prayed for by the petitioner, it may approach the appropriate authority in the respondent NF Railways for redressal of his grievances pertaining to the issues involved in this writ petition. Petitioner is also at liberty to approach the appropriate authority in the respondent NF Railways for cancellation of the orders dated 15.12.2021 as well as 16.12.2021 with regard to encashment of its Bank Guarantee as well as Security Deposit. In the event of any such approach by the petitioner by filing representation/application, as the case may be, the authorities in the respondent NF Railways shall consider the same as per the Indian Railways Standard General Conditions of Contract i.e., in terms of the Contract Agreement executed between the Page No.# 3/3 petitioner and the respondent Railways in accordance with law. The respondents in the NF Railways after considering such representation of the petitioner shall dispose of the same at an early date, preferably within a period of 60 (sixty) days from the date of receipt of such representation. With the above observation and direction this writ petition stands disposed of.” 4. The petitioner’s case is that though the petitioner has submitted a representation to the authorities in the NF Railway, no decision has been made by them, in terms of the order passed in WP(C) 7215/2021. 5. As the petitioner’s counsel has prayed for withdrawing the writ petition, the writ petition is dismissed as withdrawn, with liberty being given, as prayed for. JUDGE Comparing Assistant