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CS(COMM) 323/2022 Page 16 of 28

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/004003

12. The typical wording of the relevant portions of the advance bank guarantees is the following:

"(We, IndusInd Bank Limited) ...do hereby undertake to pay OFB Tech Private Limited an amount not exceeding Rs.2,67,82,901/- (Rupees Two Crore Sixty Seven Lac Eighty Two Thousand Nine Hundred One Only) against any losses caused or damages suffered or which may be caused or suffered by OFB Tech Private Limited by reason of any breach by the said contractor of any of the terms and conditions contained in the said purchase order.
We, IndusInd Bank Limited (the Bank), do hereby undertake to pay the amounts due and payable under this guarantee without any demur merely on a written demand from OFB Tech Private Limited stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by OFB Tech Private Limited by reason of any breach by the said contractor of any of the terms and conditions contained in the said Purchase order or any other connected agreement executed between the parties or by reasons of the contractor's failure to perform the said contract. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee and shall be restricted to an amount not exceeding Rs.2,67,82,901/- (Rupees Two Crore Sixty Seven Lac Eighty Two Thousand Nine Hundred One Only)."

***** "We hereby irrevocably agree and undertake to immediately, on your first written demand, credit the full amount(s) demanded from us (the "Demand Amount") to your Account Number:

002105023612, Bank Name: ICICI Bank Ltd. Branch Address:
SCO 18 & 19, HUDA Shopping Centre, Market Complex, Sector-14, Gurugram, Haryana-122001, Bank IFSC Code: ICICI0000021, Account Name: OFB Tech Private Limited or any other account as specified in your demand letter. Such payment, not exceeding Rs. 2,67,82,901/-(Rupees Two Crore Sixty Seven Lac Two Thousand Nine Hundred One Only), will This is a digitally signed Judgement.
***** "The Bank agrees that the amount hereby guaranteed shall be due and payable to OFB Tech Private Limited on serving us with a notice before claim expiry of Bank Guarantee requiring the payment of the amount and such notice shall be deemed to have been served on the Bank either by the actual delivery thereof to the bank or by dispatch thereof to the Bank by registered post at the address of the Bank."