$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM) 226/2025 M/S NEW MODERN TECHNOMECH PVT. LTD. ..... Petitioner Through: Mr. Udit Seth and Mr. Divyanshu, Advocates. versus RAIL VIKAS NIGAM LTD AND ANR. ....Respondents Through: CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR O R D E R % 06.06.2025 I.A. No. 14724-25/2025 (for exemptions) Exemptions allowed, subject to all just exceptions. The applications stand disposed of. O.M.P.(I) (COMM) 226/2025 and I.A. No. 14723/2025 (for ad interim ex-parte stay) 1. The present petition under Section 9 of the Arbitration and Conciliation Act, 1996, is primarily preferred for the purpose of seeking stay on the invocation and encashment of the Bank Guarantee bearing No. 0702019BG0000050 dated 28.10.2019 for an amount of Rs.2,66,47,589.00/-, issued by Respondent no. 2 in favour of Respondent no. 1. 2. Learned counsel for the Petitioner has handed over a communication dated 02.06.2025 which reads as under:- “From: “SBI SME BRANCH BALASORE(07020)” <sbi.07020@sbi.co.in> Date: 6 June 2025 at 2:06:23 PM IST To: NEW MODERN TECHNOMECHM<nmtplaccts@gmail.com> Cc: Sumit Sarangi sumitsarangi@nmtpl.in, Ranjan Kumar Behera <ranjan.behera1@sbi.co.in>, Sanjaya Kumar Das This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 16:27:26 <sanjaya.das@sbi.co.in> Subject: Re: PFA BG ENCASHMENT LETTER. Sir, Please refer the trail email (with enclosure of Letter No. 2025/RVNL/F&A/BG/EXT./AK/JU dtd. 30.05.2025) received by us from Rail Vikash Nigam Ltd (RVNL) on 02.06.2025, which has been forwarded to you on the same day, we have to advise that The BG number 0702019BG0000050 has expired on 31.05.2025. Though the above letter which has been enclosed in the mail is a Reminder-1, we have not received any claim letter from RVNL prior to the above email dtd 02.06.2025 neither through email nor through post. Regards, Ranjan Kumar Behera (Manager) For संजय कु मार दाश / Sanjaya Kumar Das मुƗ Ůबɀक / Chief Manager एस एम ई शाखा / SME Branch, Balasore भारतीय ːेट बœक / State Bank of India ओ टी रोड /O. T. Road बालेʷर / Balasore Pin-756001, Odisha” 3. A perusal of the aforementioned e-mail would evidence that the said Bank Guarantee, in respect of which the present petition has been preferred, has expired. 4. In view of the aforesaid, learned counsel for the Petitioner would contend that nothing further survives in the present petition, and he, therefore, seeks leave of this Court to withdraw the present petition. 5. Acceding to the same, the present petition, along with pending applications, if any, is dismissed as withdrawn. HARISH VAIDYANATHAN SHANKAR (VACATION JUDGE) JUNE 6, 2025/AK/va This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 16:27:26