Central Transmission Utility Of India … vs Idbi Bank Limited Through Its Chairman & … on 19 March, 2026

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    Delhi High Court – Orders

    Central Transmission Utility Of India … vs Idbi Bank Limited Through Its Chairman & … on 19 March, 2026

    Author: Jasmeet Singh

    Bench: Jasmeet Singh

                              $~6
                              *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +         W.P.(C) 9305/2024
                                        CENTRAL TRANSMISSION UTILITY OF INDIA LTD
                                                                                                  .....Petitioner
                                                            Through: Mr. Alok Shankar, Mr. Tushar Jain,
                                                            Advs.
                                                            versus
                                        IDBI BANK LIMITED THROUGH ITS CHAIRMAN & ANR.
                                                                                               .....Respondent
                                                            Through: Adv. Sidhartha Barua Adv. Praful
                                                            Jindal Adv. Kumar Arnav Singh Deo Adv. Naman
                                                            Chaliha
                                                            Mr. Raghav Mittal, Ms. Adyasha Patra, Advs. for
                                                            R2
                                        CORAM:
                                        HON'BLE MR. JUSTICE JASMEET SINGH
                                                            ORDER
    

    % 19.03.2026

    1. This is a writ petition filed under Article 226 of the Constitution of
    India seeking the following prayers:-

    SPONSORED

    “(a) issue a writ of Mandamus or any other appropriate Writ,
    Order or Direction directing Respondent No.1 Bank to
    forthwith release an amount of Rs.8.7 Cr. to the Petitioner in
    under the Bank Guarantee dated 26.5.2016 [bearing
    NO.1601331BGP00255] in terms of the letter dated
    17.12.2020 of the Petitioner rightfully invoking the said Bank
    Guarantee;…”

    2. The brief facts of the case are that the respondent No.2 furnished 22
    bank guarantees to the petitioner amounting to an aggregate sum of
    Rs. 66 crores. The petitioner invoked 11 bank guarantees of about Rs.
    32 crores, including a bank guarantee Bearing No.1601331BGP00255

    This is a digitally signed order.

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    of Rs. 8.7 crores, vide letter dated 17.12.2020

    3. Mr. Shankar, learned counsel for the petitioner, states that the said
    invocation has been held to be valid as per the order of the National
    Company Law Tribunal and National Company Law Appellate
    Tribunal. Despite the petitioner invoking the bank guarantees in
    accordance with law, the respondent bank did not remit the amounts
    covered by the bank guarantee.

    4. Mr. Barua, learned counsel for the respondent, states that the petition
    raises disputed questions and draws my attention to the refusal of the
    bank dated 05.02.2024 which reads as under:-

    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 25/03/2026 at 20:45:13
    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 25/03/2026 at 20:45:13

    5. The said refusal letter was followed by the letter dated 12.02.2024
    issued by the petitioner, wherein the petitioner again reiterated its
    demand for encashment of the bank guarantees and cited the RBI
    Regulations. The same was again refused on 16.02.2024 by the
    respondent bank.

    6. My attention has been drawn to a judgment of the Coordinate Bench
    in IDBI Bank Ltd. v. Power Finance Corporation passed in W.P.(C)
    11946/2018,
    “28.
    In Joshi Technologies International INC v. Union of India
    and Ors
    (supra),… Paragraph nos. 68 and 69 are reproduced
    as under:

    “68….At the same time, discretion lies with the High
    Court which under certain circumstances, can refuse

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    to exercise. It also follows that under the following
    circumstances, ‘normally’, the Court would not
    exercise such a discretion:

    (a) the Court may not examine the issue unless the
    action has some public law character attached to it.

    (b) Whenever a particular mode of settlement of
    dispute is provided in the contract, the High Court
    would refuse to exercise its discretion Under Article
    226
    of the Constitution and relegate the party to the
    said made of settlement, particularly when settlement
    of disputes is to be resorted to through the means of
    arbitration.

    (c) If there are very serious disputed questions of fact
    which are of complex nature and require oral
    evidence for their determination.

    XXXXXXXX

    (iii) Even in cases where question is of choice or
    consideration of competing claims before entering into
    the field of contract, facts have to be investigated and
    found before the question of a violation of Article 14
    could arise. If those facts are disputed and require
    assessment of evidence the correctness of which can
    only be tested satisfactorily by taking detailed
    evidence, involving examination and cross-
    examination of witnesses, the case could not be
    conveniently or satisfactorily decided in proceedings

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    Under Article 226 of the Constitution. In such cases
    court can direct the aggrieved party to resort to
    alternate remedy of civil suit etc.

    (iv) Writ jurisdiction of High Court Under Article 226
    was not intended to facilitate avoidance of obligation
    voluntarily incurred.

    (v) Writ petition was not maintainable to avoid
    contractual obligation. Occurrence of commercial
    difficulty, inconvenience or hardship in performance
    of the conditions agreed to in the contract can provide
    no justification in not complying with the terms of
    contract which the parties had accepted with open
    eyes. It cannot ever be that a licensee can work out
    the license if he finds it profitable to do so: and he
    can challenge the conditions under which he agreed
    to take the license, if he finds it commercially
    inexpedient to conduct his business….

    XXXXX

    (xi) The scope of judicial review in respect of disputes
    falling within the domain of contractual obligations
    may be more limited and in doubtful cases the parties
    may be relegated to adjudication of their rights by
    resort to remedies provided for adjudication of purely
    contractual disputes.”

    [Emphasis supplied]

    29. In State of Bihar & Ors. v. Jain Plastics and Chemicals

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    Ltd. (supra), the Hon’ble Supreme Court was to adjudicate
    upon the issue–whether the High Court ought not to have
    exercised its jurisdiction under Article 226 of the Constitution
    of India for granting relief in case of alleged breach of
    contract. The Apex Court held that a writ petition under Article
    226
    of the Constitution of India is not the proper proceeding
    for adjudicating such disputes. Under the law, it was open to
    the respondent therein, to approach the court of competent
    jurisdiction for appropriate relief for breach of contract. It is
    settled law that when an alternative and equally efficacious
    remedy is available to a litigant, he should be required to
    pursue that remedy and not invoke the writ jurisdiction of the
    High Court. Equally, the existence of an alternative remedy
    does not affect the jurisdiction of the court to issue a writ, but
    ordinarily, that would be a good ground in refusing to exercise
    the discretion under Article 226 of the Constitution of India.

    xxxx

    32. This court in National Building Construction Corp. v.
    Punjab National Bank
    , was to decide upon a writ petition that
    prayed, inter alia, for a direction as against the respondent
    no.1 therein, to remit certain amount under the bank
    guarantee.
    After relying upon Kerala State Electricity Board
    (supra), this court held in paragraph nos. 17 and 18 to the
    following effect:

    “17. The law enunciated in the above two judgments
    is fully applicable on the facts of the present case

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    also. The bank guarantee furnished by the
    respondent no. 1 in favour of the petitioner at the
    instance of the respondent no. 2 is a private contract
    and not a statutory contract. It is governed by the
    provision of the Contract Act. The dispute relating to
    the interpretation of the terms and conditions of such
    contract and the validity of the invocation of the bank
    guarantee and whether the amount was payable by
    the respondent no. 1 on such invocation of the bank
    guarantee are the questions which were agitated in a
    writ petition. It is a matter either of arbitration as
    provided by the contract or for the civil court or any
    other appropriate forum to decide these questions.

    18. It cannot be denied that the normal remedy for
    enforcing a right for payment under the private
    contract like the bank guarantees in question from
    the State or from the instrumentality of the State was
    by filing a civil suit in the civil court…”

    Emphasis supplied]”

    7. I have heard the learned counsels for the parties.

    8. The perusal of judgment makes it clear that the law regarding the
    bank guarantees being a separate private contract is settled. Any
    dispute related to interpretation of the terms of bank guarantee and
    terms of invocation is a subject matter of civil suit. On a perusal of the
    facts, it becomes apparent that the present dispute arises out of
    invocation of the bank guarantee dated 26.05.2016. The petitioner has

    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.
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    placed reliance on the orders of NCLT and NCLAT to substantiate his
    claims of invocation of bank guarantee. The respondent bank has
    raised objections stating that the bank guarantee has expired and
    therefore, the said amount secured by the bank guarantee could not be
    released. The relief sought by the petitioner would entail
    interpretation of terms of the bank guarantee, being an independent
    contract governing the parties.

    9. Such questions are not merely question of law but are intertwined
    with the disputed questions of facts and would thus involve detailed
    examination of evidence and contractual terms. The interpretation of
    terms of the Bank Guarantee between two parties cannot be given the
    color of public law.

    10. The writ jurisdiction of this Court is undoubtly expansive but it is not
    a forum for contesting disputes which involve careful scrutiny of facts
    and evidences. A writ court is short of jurisdiction to adjudicate such
    disputes and entertaining the present petition would effectively
    require to undertake the adjudication akin to that of a civil suit. When
    an alternative and equally efficacious remedy is available with the
    party aggrieved, the writ jurisdiction should not be invoked. The same
    is neither the purpose nor the scope of proceedings under Article 226
    of the Constitution of India, rather it shall be abuse of the expansive
    jurisdiction conferred upon this Court under the Article 226 of the
    Constitution of India.

    11. In such circumstances, the Court is of the considered view that the
    present petition is not amenable to adjudication in the writ
    jurisdiction. However, the petitioner is at liberty to file a suit in

    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.
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    accordance with law.

    12. Hence, granting the petitioner the said liberty, the present petition is
    disposed of.

    JASMEET SINGH, J
    MARCH 19, 2026 / (MS)

    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 25/03/2026 at 20:45:13



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