Indian Kanoon - Search engine for Indian Law

(xiv) The learned Single Judge failed to notice that the clause pertaining to war risk had been extracted in the plaint by BGR and therefore no prejudice was caused to ICICI Bank.

(xv) The learned Single Judge also failed to appreciate that the main contract was not the subject matter of dispute between BGR and ICICI Bank. BGR had made reference to the same only to bring to the notice of the Court that the PBG and the counter guarantee had been issued in connection with the said contract.

(xv)(a) The contract would be a material document only in respect of the proceedings, if any, obtaining between BGR and GOR. Though BGR had placed the missing documents before the Court, after the Division Bench had remitted the matter, the learned Single Judge failed to consider as to whether or not the alleged suppression was material to the outcome of the matter.