report of his junior engineers,
etc. Every work order has its guarantee and specific period
and after completion of guarantee period, there is no liability ... also correct that
after completion of the guarantee as well as the specific period,
the security of the contractor is used to be released
Pol India Projects Ltd vs Aurelia Reederei Eugen Friederich Gmbh ... on 8 April, 2015
Author
guarantee. The person in whose
favour the guarantee is furnished by the
bank cannot be prevented by way of an
injunction from enforcing the guarantee ... encashing the bank
guarantee. The mere fact that the bank
guarantee refers to the principle
agreement without referring to any
specific clause in the preamble
acknowledged or undertaken their personal liability and/or stood guarantee
for repayment of any specific and liquidated amounts already advanced by
the Appellant Bank
Agreement
and it does not resolve the specific amount of bank guarantee, that has
to be deposited as a conditions precedent, rather the same merely ... submitted and the petitioner could
have furnished the performance guarantee by way of bank guarantee,
but even then on one pretext or the other
Cipla Ltd. vs F.Hoffmann-La Roche Ltd. & Anr. on 27 November, 2015
Author
that giving of such a guarantee is also permitted under
Regulation 5 (b) of the Foreign Exchange Management (Guarantee)
Regulations, 2000. It was pointed ... transaction of
being of assignment or of discharge of guarantee. Whether any specific
permission is required from Reserve Bank of India under the FEMA
that the defendant banks cannot claim any right under the personal
guarantee dated 1st February, 2013 and the deed of mortgage dated
31st ... present
application.
(57) The plaintiffs' specific case is that the personal guarantee dated
1st February, 2013 and the deed of mortgage dated 31st
with full financial guarantee to
cover the differential duty for the purpose of making a provisional
assessment.
5. It is the specific contention ... cases retroactive verification by way of bank
guarantee covering the full differential duty amount.
11. A specific objection was also raised about the maintainability
guarantee to the Executive Engineer. By referring
specifically to clause 9, the Bank has qualified its liability
to pay the amount covered by the guarantee ... parties. It is also
evident that by a specific reference to clause (9) in the bank
guarantee, the bank had qualified its liability
