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Bank cannot Travel Beyond the Terms and Conditions of the Guarantee Agreement [CASE LAW]

Banking Law - the terms and conditions of the guarantee agreement are to be relied upon and the Bank cannot travel beyond the terms and conditions of the guarantee agreement.

Indian Contract Act, 1872 - Sections 128, 129, 130 - Surety’s Liability - Continuing Guarantee - Revocation of continuing guarantee - 'General Lien' - Alternative Remedy.
Held:- Alternative remedy is not an exclusive bar and in the present case, the petitioner cannot be thrown out on the basis of availability of alternative remedy as the Bank is proceeding against the petitioner and has marked lien on the account of the petitioner even though the guarantee provided by the petitioner has come to an end on account of commencement of commercial production. This Court does not find any reason to deny relief to the petitioner on the ground of availability of alternative remedy. Alternative remedy cannot be a bar and, therefore, this Court is of the considered opinion that as the commercial production started on 23/3/2012, the action of the Bank to treat the account of the petitioner Company as 'General Lien' is void, illegal and opposed to law.
Facts of the Case
The commercial production started on 23/3/2012, the petitioner was justified in raising a claim that his guarantee is no longer in existence and, therefore, the action of the Bank in marking the petitioner Company's account as 'General Lien' which is not in consonance with the sanction letter dated 13/7/2010 and the deed of guarantee dated 15/11/2010, deserves to be set aside. The respondents are directed to release the Bank Account of the petitioner which has been marked as 'General Lien' within a period of two weeks from the date of receipt of certified copy of this order. With the aforesaid, the present petition stands disposed of.

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
HON'BLE MR. S. C. SHARMA, J
(17/01/2019)
MISCELLANEOUS PETITION No. 849 / 2017
M/S. ANIK INDUSTRIES LTD., INDORE Vs. IDBI BANK, INDORE
Mr. S. C. Bagadia, learned senior counsel appearing with Mr. Lalit Kumar Inani, Advocate for the petitioner.
Mr. Nikhil Kumar Pandey, learned counsel for the respondent Bank.
O R D E R
The petitioner before this Court, a Company incorporated under the Companies Act, 1956, is having a Current Account No. 01420020338000 and the same has been marked as 'General Lien' by the IDBI Bank. The contention of the petitioner is that the petitioner Company had given a Corporate Guarantee in favour of M/s. Suman Agritech Ltd., and M/s. Suman Agritech Ltd., defaulted in making payment to the Bank. It has been further stated that as per the terms and conditions of the Corporate Guarantee it was valid till M/s. Suman Agritech Ltd., starts its commercial production. The contention of the petitioner is that the commercial production started on 23/3/2012 and on account of the commercial production which started in the year 2012, the Corporate Guarantee came to an end. The petitioner's grievance is that inspite of the aforesaid the Bank Account of the petitioner has been marked 'Lien' and the respondent Bank is not releasing the amount which is available in the account of the petitioner.
Mr. S. C. Bagadia, learned senior counsel has argued before this Court that on 15/11/2010 the petitioner Company gave a Corporate Guarantee for financial assistance availed by M/s. Suman Agritech Ltd., in terms of the sanction letter dated 13/7/2010 and as per the letter of sanction as well as Corporate Guarantee, it was valid till commencement of commercial production. The petitioner has further stated that subsequently the Bank modified the sanction letter on 13/7/2010 and the petitioner Company passed a resolution on 15/11/2010 to sign the Corporate Guarantee in terms of the sanction letter dated 13/7/2010. A resolution to that effect was passed by the petitioner Company on 15/11/2010. It has been further stated that subsequently a facility agreement dated 15/11/2010 was executed between M/s. Suman Agritech Ltd., and IDBI Bank and again as per clause 3.1(A) (iv) the guarantee was valid upto the time of commencement of commercial production. It has been further stated that on 19/1/2012 the respondent Bank renewed the financial assistance sanctioned on 13/7/2010 and modified on 9/11/2010, however, the terms and conditions of the corporate guarantee were not changed. The petitioner has also filed a certificate dated 23/3/2012 in support of the averments that the commercial production has commenced in respect of M/s. Suman Agritech Ltd., After 2012 ie., after the commencement of the commercial production the Bank on 3/4/2013 renewed the financial assistance sanction dated 13/7/2010 and no resolution was passed by the petitioner Company pursuant to the renewal dated 3/4/2013 and no corporate guarantee was signed by the petitioner Company.
On 5/6/2013 the petitioner Company submitted its representation to the respondent Bank requesting the Bank that the Company cannot provide corporate guarantee beyond a certain limit and as the production started in respect of the Unit in question, the account cannot be kept in lien. It has been further stated that the Bank kept silent over the matter and on 17-2-2015 / 17-2-2016 a letter was issued to the petitioner reflecting that M/s. Suman Agritech Ltd., has defaulted in making the payment and the petitioner was directed to regularise the default in terms of the corporate guarantee.
It has been contended that on 10/4/2015 the respondent Bank further renewed financial assistance given to M/s. Suman Agritech Ltd., and no corporate guarantee was signed by the petitioner in pursuance to the renewal letter dated 10/4/2015. The petitioner again informed the Bank vide letter dated 17/2/2015 that the Corporate Guarantee has come to an end on account of the commencement of commercial production and inspite of the aforesaid, the petitioner Company was directed by the Bank to make the payment in respect of the default committed by M/s. Suman Agritech Ltd., The petitioner Company kept on reminding the Bank that the Corporate Guarantee has come to an end. It has been further stated that a cheque was issued by the petitioner Company on 1/10/2016 for a sum of Rs.10.25 lacs in favour of other company, however, the cheque was dishonoured and the petitioner after making enquiry with the Bank, came to know that the petitioner's account has been marked as lien against the dues of M/s. Suman Agritech Ltd., Thereafter, all the transactions of the petitioner Company have not been honoured by the Bank on account of the lien mark of the current account of the petitioner Company and for the first time on 2/2/2017, the respondent Bank has informed the petitioner Company that the corporate guarantee is still in force because M/s. Suman Agritech Ltd., is holding 5.98% shares in the petitioner's Company. The petitioner's grievance is that inspite of there being a categoric clause in the guarantee deed, no objection certificate is not being issued and, therefore, in those circumstances, the petitioner has prayed for the following reliefs : (i) By issue of an appropriate writ, direction or order, directing the respondent Bank to remove the 'lien' marked on the current account bearing number 01420020338000 of the petitioner Company; (ii) By issue of an appropriate writ, direction or order, directing the respondent Bank to release the margin money lying in the form of Fixed Deposit No. 0382105400008617 and 0382105400008907 of the petitioner Company; (iii) By issue of an appropriate writ, direction or order, directing the respondent Bank to issue No Dues Certificate the petitioner Company; A detailed and exhaustive reply has been filed on behalf of the respondent Bank and it has been stated that vide sanction letter dated 13/7/2010, the IDBI bank has granted M/s. Suman Agritech Ltd., credit facility to the tune of Rs.70 crores, out of which 30 crores was by way of term loan for establishing Soya Solvent Extraction Plant and also accepted the offer of the petitioner to accept the corporate guarantee which will remain in force upto the date of commencement of commercial production in the said plant and the said letter was accepted by the principal debtor who subsequently entered into facility agreement with the respondent and other consortium Bank. The Bank has further stated that the principal debtor and the Bank executed a deed of guarantee on 15/11/2010 and a corporate guarantee was furnished in favour of the respondent which was to remain in force till the commencement of the commercial production in the principal debtor's account. It has been further stated that the petitioner acted as per its undertaking.
It has been further stated that Such modification vide Renewal Sanction Letter dated 19.01.2012 has been done by the Bank in accordance with Clause 5(a) of the Guarantee Agreement executed by the present petitioner in favor the respondent Bank. It is submitted that petitioner has concealed this material fact that the modification of Sanction Letter is done in presence of all the three parties i.e The Lender, The Borrower and The Guarantor in terms of the Clause 5(a) of the Guarantee Agreement which provides for modification of sanction letter, the only competent authorities are the Lender and Borrower.
It has been further stated that the contention of the petitioner that the petitioner is not liable to pay any amount as a consequence of novation of contract for the reason that the Bank has modified /renewed the credit limits is illegal and not sustainable in the eyes of law. The deed of Guarantee permits the enhancement of credit limits without notice to the guarantors. The petitioners have agreed to the bank’s making any variance that the Bank as it may think fit in the terms of the Bank’s contract with the Borrower, to the Bank’s determining, enlarging or varying any credit to the Borrower to the Bank’s making any composition with the Borrower or promising to give the Borrower time or not to sue him and to the Bank’s parting with any security the Bank may hold for the guaranteed debt.
It is contended on behalf of the respondent Bank that the Corporate Guarantee executed by the Petitioner in favor of IDBI Bank is Continuing Guarantee in terms of section 129 of the Indian Contract Act. Section 129 of the Indian Contract Act reads as under :
"129. 'Continuing guarantee' A guarantee which extends to a series of transactions is called a 'continuing guarantee."
It is further argued that the said Corporate Guarantee does not permit the revocation of the Guarantee. There was a specific clause in the deed of continuing guarantee that the “guarantee shall be a continuing one and shall remain in full force and effect till such time the borrower repays in full the Loan together with interest, liquidated damages, costs, charges and all other monies that may from time to time become due and payable and remain unpaid to the lender under the Loan Agreement”. Therefore, in terms of the contract entered upon by the guarantor with the Bank, it was clear that even if the loan account shows no liability, the guarantor will continue to be bound by the terms of the guarantee in the case of continuing guarantee.
It has been further contended that Section 130 of the Contract Act deals with the Revocation of continuing guarantee. Section 130 reads as under : 
“130.Revocation of continuing guarantee: A continuing guarantee may at any time be revoked by the surety, as to future transactions, by notice to the creditor." 
It has been further argued that no such letter/notice were ever issued by the petitioner to the bank in terms of section 130 of the Indian Contract Act, Thus, even if a letter was written to the Bank by the Petitioner on 05.06.2013 vide Annexure P-11 stating that “As per law, Anik Industries Ltd. cannot give Corporate Guarantee beyond a certain limit, therefore, we hereby humbly request you not to stipulate the corporate guarantee clause of Anik Industries Ltd. towards the regular facilities sanctioned to Suman Agritech Ltd.”, it was contrary to the clause in the agreement of guarantee, as stated above. Therefore, it was not open to the petitioner to revoke the guarantee as the petitioner had agreed to treat the guarantee as a continuing one and was bound by the terms and conditions of the said guarantee. Although the said letter was issued by the petitioner in the context of clause No. 5(xi) which states that the corporate guarantee remain in force up to the time of commercial production, however, the said clause was modified and accepted by the petitioner vide Renewal Sanction Letter dated 19.01.2012 to the effect that the Corporate Guarantee of M/s Anik Industries Ltd shall continue to remain valid and applicable beyond the envisaged COD.
It has been further contended that M/s Suman Agritech (Borrower) failed and neglected to pay IDBI Bank (Petitioner), the installments of principal amount of the Financial Assistance, interest & other monies upon which, Respondent Bank issued the Recall Notice dated 20.02.2017 (Annexure R-1) to the Borrower as well as the Corporate Guarantor (Petitioner) but no appropriate steps were taken by the borrower to repay the loan amount. Being aggrieved by the aforesaid, the respondent Bank again issued the Notice to the Personal Guarantor vide letter dated 10.03.2017, but all remained in vain.
It has been further argued that consequent upon the default committed by the Borrower Company, the account in respect of the Financial Assistance has been classified by the petitioner Bank as Non Performing Assets in accordance with the direction / extant guidelines issued by the Reserve Bank of India from time to time, and thereafter, a statutory notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 was served to the Borrower as well as to the Corporate Guarantor (Petitioner) on 29.09.2017.
Respondent Bank has further contended that thereafter respondent along with the consortium member i.e. Allahabad Bank obtained the Joint Symbolic possession along with Allahabad Bank on 05.01.2018 in accordance with section 13(4) of SARFAESI Act 2002. It is further submitted that Allahabad Bank (Consortium Member) has also filed an Application under Section 14 of SARFAESI Act 2002 before the Learned District Magistrate at Bhojpur, which is pending.
The respondent Bank has further contended that the respondent Bank has filed an Original Application before the DRT at Jabalpur and the same has been registered as OA No. 497/2017, which is pending for consideration. The Borrower Suman Agritech Ltd. (Defaulter) has also approached DRT by filing Application registered as SA No. 68/2018. Similarly, Allahabad Bank has also lodged suit before the DRT at Jabalpur for its financial assistance sanctioned to Suman Agritech Ltd registered as OA No 348/2018 which is also pending. It has also been brought to the notice of this Court that the proceeding under SARFAESI Act 2002 are also pending against M/s Suman Agritech Limited before DRT and it has been pointed out that as per the provision of Section 128 of the Indian Contract Act, the liability of the petitioner company is co-extensive with that of the principal debtor.
Section 128 of the Contract Act is reads as under :
“128. Surety’s liability – The liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract.”
Reliance has been placed upon a judgment delivered by the Hon'ble Supreme Court in the case of Industrial Investment Bank of India Ltd. Vs. Biswanath Jhunjhunwala reported in (2009) 9 SCC 478. Hon'ble the Supreme Court in the aforesaid case has observed that the legal position as crystallised by a series of cases of the Supreme Court is clear that the liability of the guarantor and principal debtors is coextensive and not in alternative, therefore, petitioner cannot escape from the liability merely by saying that the Corporate Guarantee was for a particular time limit. It has been argued that the present petition filed by the petitioner is not maintainable as petitioner has remedy to file appropriate Application / Appeal against the action taken by the Respondent Bank under Section 17 of SARFAESI Act 2002.
Heard learned counsel for the parties at length and perused the record. The present petition is being disposed of with the consent of the parties at the motion hearing stage itself.
The petitioner before this Court is a Company registered under the Companies Act, 1956 and the petition has been filed by filing a Resolution to file this petition. The respondent is a Bank and is State within the meaning of Article 12 of the Constitution of India, thus, amenable to the writ jurisdiction of this Court.
The undisputed facts of the case reveals that the petitioner Company is having a current account bearing No. 01420020338000 and the said Bank Account has been marked as General Lien by the respondent Bank on account of the fact that the petitioner Company has given a corporate guarantee in favour of M/s. Suman Agritech Ltd., which is again a Company incorporated under the Companies Act, 1956. M/s. Suman Agritech Ltd., has defaulted in making the payment in respect of the loan advanced by the respondent Bank. Undisputed facts further reveal that a corporate guarantee in respect of financial assistance availed by M/s. Suman Agritech Ltd., was given for a limited duration ie., upto the time of commencement of commercial production of newly set up project of M/s. Suman Agritech Ltd., The loan was sanctioned to M/s. Suman Agritech Ltd.,vide sanction letter dated 13/7/2010. Relevant clause of Appendix I (Terms and conditions of the financial assistance) of sanction letter which is in respect of corporate guarantee furnished by the petitioner, reads as under :
Xi Security 
Primary 1st charge by way of Equitable Mortgage / Hypothecation of entire fixed assets of the company, both present and future.
Collateral: 2nd charge by way of hepothecation of entire current assets (both present and future) of the company.
Guarantor/s: An irrevocable and unconditional guarantee Personal Guarantee of Mr. Suresh Shahra.
No guarantee commission shall be payable by the company to the guarantor.
Corporate Guarantee: An irrevocable and unconditional Corporate Guarantee of Anik Industries Limited which shall remain in force upto the time of commencement of commercial production. No guarantee commission shall be payable by company to the corporate guarantor.
Thus, the sanction letter clearly reflects that the financial assistance was sanctioned on submission of irrevocable and unconditional corporate guarantee of M/s. Anik Industries Ltd., which shall remain in force upto the time of commencement of commercial production.
The petitioner in terms of the aforesaid, executed a guarantee agreement on 15/11/2010 and clause 18 of the Guarantee Agreement is as under : 
“18. This guarantee shall be a continuing one and shall remain in full force and effect till such time the Borrower repays in full the Loan together with all interest, liquidated damages, costs, charges and all other monies that may from time to time become due and payable and remain unpaid to the Lender under the Loan Agreement.” 
The aforesaid condition makes it very clear that the corporate guarantee was in existence upto the time of commencement of commercial production.
The respondent Bank on 19/1/2012 renewed the financial assistance sanctioned on 13/7/2010, further modified on 9/11/2010, subject to the terms and conditions apart from others and the cash credit facility was enhanced. Again a sanction renewal letter was issued by the Bank on 19/1/2012 and the cash credit facilities were renewed which was again subject to the normal terms and conditions contained in the loan / facilities agreement. It was also mentioned that it shall form an integral part of the loan / facilities agreement entered on 15/11/2010. The undisputed facts also reveals that the petitioner Company did not pass any resolution in terms of the renewed sanction letter 19/1/2012 and did not sign any fresh corporate guarantee and the commercial production of M/s. Suman Agritech Ltd., commenced on 23/3/2012.
On 3/4/2013 the respondent Bank further renewed the financial assistance sanctioned on 13/7/2010, modified on 9/11/2010 and the corporate guarantee was valid as per the terms and conditions mentioned in the corporate guarantee. Thus, the corporate guarantee furnished by the petitioner was in force upto the time of commencement of commercial production. The Government of Bihar, Department of Industries (Technical Development) has certified that the date of commercial production of the Unit for manufacturing edible oil is 23/3/2012. The certificate was issued on the basis of recommendation of the Inspecting Team of the Departmental Officers (Certificate Annexure P/9). The Government of India has also acknowledged the receipt of Memorandum intimating the commencement of commercial production vide letter dated 8/8/2012 and it is nobody's case that commercial production did not start on 23/3/2012. The Bank has placed heavy reliance upon the sanction letter dated 13/7/2010, facility agreement dated 15/11/2010 and reliance has been placed upon clause 3.1 ie., Security for the Facility. Respondent Bank has also placed reliance upon the deed of validity dated 15/11/2010 and contention of the learned counsel is that unless and until all the outstanding dues are repaid, the Corporate Guarantee shall be continued to be in existence. It has been further stated that the principal debtor has not cleared dues of the Bank and, therefore, the question of absolving the guarantor does not arise.
This Court has carefully gone through the entire return filed by the respondents and the return it has not been denied that the commercial production has commenced on 23/3/2012. It has been stated that it was a continuing guarantee till the entire amount of loan was repaid. It is true that the petitioner does have an alternative remedy, but the fact remains that the petitioner cannot be thrown out only on the ground of alternative remedy. The respondent Bank with open eyes has incorporated a special clause in the sanction letter as well as in the deed of guarantee and the guarantor was liable for the repayment of dues / stood as a guarantor / the guarantee was in force upto the time of commencement of the commercial production.
It is pertinent to note that in any guarantee arrangement there are three parties involved and most likely two contractual arrangements. In the present case, the first arrangement is between M/s. Anik Industries Ltd., and the IDBI Bank and the second arrangement is between the IDBI Bank and M/s. Suman Agritech Ltd., The guarantee agreement between M/s. Anik Industries Ltd., makes it very clear that the guarantee was in force upto the time of commencement of commercial production. Where a demand for payment is made under a guarantee, the obligation of a guarantor are to be found solely within the guarantee document. The apex Court in the case of Central Bank of India Vs. Virudhunagar Steel Rolling Mills Ltd., and others reported in (2015) 16 SCC 207 was dealing with a situation wherein the issue was in respect of liability of surety / guarantor with respect to a pre-existing debt / liability prior to the date of entering into guarantee / surety contract. The apex Court in the aforesaid case has held that the guarantor can be made liable for the outstanding dues on account of pre-existing debt / liability if the guarantee deed provides for the same and in case of any doubt the document (guarantee deed) would be read against the guarantor Bank which drafted it. Paragraph 6 and 7 of the aforesaid judgment reads as under:
6. The decision in Sita Ram Gupta v. Punjab National Bank (2008) 5 SCC 711 is of no advantage to the Appellant Bank. That decision concerns the possibility of a guarantor revoking his continuing guarantee, with the objective of escaping his liability. This is not the case before us inasmuch as the defence of Respondent Nos. 2 to 4 is that they had agreed to stand surety only for transactions after 30.8.1974. Our attention was also drawn to B. G. Vasantha v. Corporation Bank, Mangalore (2005) 10 SCC 215 as also M.S. Anirudhan v. Thomco’s Bank Ltd. AIR 1963 SC 746 but these decisions do not call for a detailed analysis. It is the Appellant Bank which drafted the Guarantee Deed, and in case of doubt, the document would be read against it. This is the contra proferentem rule, which is of a vintage which brooks no contradiction.
7 In view of the foregoing discussion, there appears to be no controversy as to the fact that the Guarantee Deeds executed by Respondent Nos. 2 to 4 on 30.8.1974 rendered them personally liable for any transactions or advances made by the Appellant Bank to the Respondent Company after 30.8.1974. There is also no controversy whatsoever that the Bank account lay dormant after this date, all dealings having been transacted much prior thereto. Such being the position, it is not open to the Appellant Bank to pursue Respondent Nos. 2 to 4 for recovery of debts incurred by the Respondent Company in favour of the Appellant Bank. We may clarify that our decision is founded on the evidence that has been recorded in this suit. We should not be misunderstood to have held that a guarantor can, in no circumstances be fastened with liabilities which had been incurred in the past which the guarantor assumed liability for. 8 We accordingly dismiss the Appeal by affirming the concurrent findings arrived at by both the Courts below. There shall however be no order as to costs.
In the light of the aforesaid, it can be safely gathered that the terms and conditions of the guarantee agreement are to be relied upon and the Bank cannot travel beyond the terms and conditions of the guarantee agreement.
The respondents have placed reliance upon the judgment delivered in the case of Industrial Investment Bank of India Vs. Biswanath Jhunjhunwala reported in (2009) 9 SCC 478. In the aforesaid case, the apex Court has held that the liability of the guarantor and the principal debtors is coextensive and not in alternative.
This Court has carefully gone through the aforesaid judgment. There cannot be any iota of doubt in respect of the law laid down by the apex Court. However, the fact remains that in the present case the guarantee was a conditional guarantee and it has come to an end the moment M/s. Suman Agritech Ltd., (borrower) has started commercial production and, therefore, the judgment relied upon by the learned counsel for the respondent is of no help to the respondent Bank. The respondents have also placed reliance upon the judgment delivered in the case of Kerala State Electricity Board Vs. Kurien Kalathil and others reported in (2000) 6 SCC 293 on the ground of availability of alternative remedy. This Court is of the considered opinion that alternative remedy is not an exclusive bar and in the present case, the petitioner cannot be thrown out on the basis of availability of alternative remedy as the Bank is proceeding against the petitioner and has marked lien on the account of the petitioner even though the guarantee provided by the petitioner has come to an end on account of commencement of commercial production. This Court does not find any reason to deny relief to the petitioner on the ground of availability of alternative remedy. The apex Court in the case of Harbanslal Sahnia Vs. Indian Oil Corporation Ltd., reported in (2003) 2 SCC 107 has held as under :
7. So far as the view taken by the High Court that the remedy by way of recourse to arbitration clause was available to the appellants and therefore the writ petition filed by the appellants was liable to be dismissed, suffice it to observe that the rule of exclusion of writ jurisdiction by availability of an alternative remedy is a rule of discretion and not one of compulsion. In an appropriate case in spite of availability of the alternative remedy, the High Court may still exercise its writ jurisdiction in at least three contingencies: (i) where the writ petition seeks enforcement of any of the Fundamental Rights; (ii) where there is failure of principles of natural justice or, (iii) where the orders or proceedings are wholly without jurisdiction or the vires of an Act and is challenged [See Whirlpool Corporation v. Registrar of Trade Marks, Mumbai and Ors., (1998) 8 SCC 11. The present case attracts applicability of first two contingencies. Moreover, as noted, the petitioners' dealership, which is their bread and butter came to be terminated for an irrelevant and nonexistent cause. In such circumstances, we feel that the appellants should have been allowed relief by the High Court itself instead of driving them to the need of initiating arbitration proceedings.
In the light of the aforesaid judgment, alternative remedy cannot be a bar and, therefore, this Court is of the considered opinion that as the commercial production started on 23/3/2012, the action of the Bank to treat the account of the petitioner Company as 'General Lien' is void, illegal and opposed to law.
This Court is of the considered opinion that as the commercial production started on 23/3/2012, the petitioner was justified in raising a claim that his guarantee is no longer in existence and, therefore, the action of the Bank in marking the petitioner Company's account as 'General Lien' which is not in consonance with the sanction letter dated 13/7/2010 and the deed of guarantee dated 15/11/2010, deserves to be set aside. The respondents are directed to release the Bank Account of the petitioner which has been marked as 'General Lien' within a period of two weeks from the date of receipt of certified copy of this order.
With the aforesaid, the present petition stands disposed of.

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