Vijay Bank has given Bank guarantee in favour of Hindustan Zinc Limited and Hindustan Zinc Limited was likely to get such Bank Guarantee encashed illegally ... Bank Guarantee upto the decision of the suit. He, therefore, virtually directed the Bank not to release the amount of Bank Guarantee till suit
Bank Guarantee, the
learned Commercial Court has rightly held the bank
guarantee as unconditional bank guarantee and
thereby has rightly refused to grant any injunction ... considering the bank guarantee as
Performance Bank Guarantee as well as Advance Bank
Guarantee and considering the same as unconditional
irrevocable bank guarantees
party from invoking the bank guarantee and therefore, submitted that the bank guarantee should not be invoked and therefore, injunction has to be ordered ... willing to renew the bank guarantee and the bank guarantee could not be invoked by the respondent by reason of injunction, the applicant is bound
another 13 held
that by interim injunction under Order 39 Rule 1 of the CPC , bank
guarantee cannot be interdicted by Court in the absence ... bank guarantee are unconditional and absolute, the bank has to
pay the amount of bank guarantee without demur. The payment of
bank guarantee cannot
Union of
India wanted to encash the Bank Guarantee for a
contract in which no Bank Guarantee was given and
Page ... guarantee was furnished.
The terms of the bank guarantee are,
therefore, extremely material. Since the
bank guarantee represents an independent
contract between the bank
bank
guarantee would vitiate the very
foundation with such a bank
guarantee would vitiate the very
foundation of such a bank
guarantee. Hence if thre ... effect of restraining the bank from
fulfilling its contractual obligation in terms of the bank
guarantee. An injunction of the court ought
Bank Guarantee - The supplier shall within three days of the signing of this contract furnish to the STC a bank guarantee from a scheduled bank ... bank under the guarantee given by it. In that case also the stipulations in the bank guarantee were that the bank
bank guarantee. By its letter dated 16th December 1989, the defendant No. I invoked the said bank guarantee and called upon the 2nd defendant ... several letters also to defendant No. 2 invoking said bank guarantee. The said bank guarantee has been extended by the plaintiff from time to time
bank
guarantee the beneficiary is entitled to invoke the bank
guarantee and seek encashment of the amount specified in
the bank guarantee. It does ... bank
guarantee furnished by the Bank does not refer to any of the
conditions for payment under the bank guarantee. It is true
that
Court had in para 20 observed that
the bank cannot refuse to honour the Bank Guarantee on the ground that
conditions of Clause ... Bank Guarantee is unequivocal and unconditional or is
conditional. If the Bank Guarantee is unconditional, the Court would refrain
from issuing the injunction
