“This is not disputed that in terms of the above provision regarding furnishing of bank guarantee, the petitioner furnished bank guarantees with respect to the requisite amounts for the cities involved i.e. Delhi and Chennai. It is the case of the petitioner that the occasion has not arisen which could permit the respondent to invoke the bank guarantees. None of the three conditions mentioned is Clause 9 above have come into play. So far as condition under (i) is concerned, it comes into play on the failure of the licensee to deposit license fee within 7 days of beginning of each year. This clause read with Clause 8(f) shows that the condition about failure to deposit license fee within 7 days every year is about license fee for each year, but for this occasion never arose. WPC's intimation that operational license is ready to be issued was never received. Therefore, according to learned counsel for petitioner condition (i) has no application and cannot be invoked for encashment of the Bank Guarantee. Under condition (ii), the bank guarantee can be invoked if the licensee stops the service without giving one year's notice. This condition also does not come into play in the present case because the service never became operational. The license to operate the service was never granted to the petitioner, therefore, the petitioner never operated the service and when the service was never operated, the question of stopping the service does not arise nor does the question of one year's notice arise. Condition (iii) is nobody's case, therefore, need not be discussed.“
