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Documents citing U.P. Co-Operative Federation Ltd vs Singh Consultants & Engineers (P) Ltd on 19 November, 1987

M/S Atlantic Inter-Trade Limited With ... vs Canara Bank, Industrial Finance ... on 31 October, 2014

This Court in the case of Svenska Handelsbanken1 has cited with approval the observations of this Court in the case of U.P. Coop. Federation Ltd. v. Singh Consultants & Engineers (P) Ltd.3 to the effect that the Court should not lightly interfere with a performance bond or guarantee unless there is fraud of the beneficiary and not somebody else.
Andhra HC (Pre-Telangana) Cites 46 - Cited by 0 - A V Sai - Full Document

Felguera Gruas India Private Limited vs Tuticorin Coal Terminal Private ... on 11 January, 2018

14. We are afraid that in the face of the law succinctly laid down in U.P. Cooperative Federation (supra) and reiterated in numerous judgments of this Court referred to earlier, we are unable to accept the wide proposition of law laid down in the foreign judgments cited by Mr. Sorabjee. Whatever may be the law, as to the encashment of bank guarantees in other jurisdictions, when the law in India is clear, settled and without any deviation whatsoever, there is no occasion to rely upon foreign case law." (emphasis supplied)
Bombay High Court Cites 30 - Cited by 0 - S J Kathawalla - Full Document

Felguera Gruas India Private Limited vs Tuticorin Coal Terminal Private ... on 11 January, 2018

14. We are afraid that in the face of the law succinctly laid down in U.P. Cooperative Federation (supra) and reiterated in numerous judgments of this Court referred to earlier, we are unable to accept the wide proposition of law laid down in the foreign judgments cited by Mr. Sorabjee. Whatever may be the law, as to the encashment of bank guarantees in other jurisdictions, when the law in India is clear, settled and without any deviation whatsoever, there is no occasion to rely upon foreign case law." (emphasis supplied)
Bombay High Court Cites 30 - Cited by 0 - S J Kathawalla - Full Document

Felguera Gruas India Private Limited vs Tuticorin Coal Terminal Private ... on 11 January, 2018

14. We are afraid that in the face of the law succinctly laid down in U.P. Cooperative Federation (supra) and reiterated in numerous judgments of this Court referred to earlier, we are unable to accept the wide proposition of law laid down in the foreign judgments cited by Mr. Sorabjee. Whatever may be the law, as to the encashment of bank guarantees in other jurisdictions, when the law in India is clear, settled and without any deviation whatsoever, there is no occasion to rely upon foreign case law." (emphasis supplied)
Bombay High Court Cites 30 - Cited by 6 - S J Kathawalla - Full Document

Felguera Gruas India Private Limited vs Tuticorin Coal Terminal Private ... on 11 January, 2018

14. We are afraid that in the face of the law succinctly laid down in U.P. Cooperative Federation (supra) and reiterated in numerous judgments of this Court referred to earlier, we are unable to accept the wide proposition of law laid down in the foreign judgments cited by Mr. Sorabjee. Whatever may be the law, as to the encashment of bank guarantees in other jurisdictions, when the law in India is clear, settled and without any deviation whatsoever, there is no occasion to rely upon foreign case law." (emphasis supplied)
Bombay High Court Cites 30 - Cited by 0 - S J Kathawalla - Full Document

Felguera Gruas India Private Limited vs Tuticorin Coal Terminal Private ... on 11 January, 2018

14. We are afraid that in the face of the law succinctly laid down in U.P. Cooperative Federation (supra) and reiterated in numerous judgments of this Court referred to earlier, we are unable to accept the wide proposition of law laid down in the foreign judgments cited by Mr. Sorabjee. Whatever may be the law, as to the encashment of bank guarantees in other jurisdictions, when the law in India is clear, settled and without any deviation whatsoever, there is no occasion to rely upon foreign case law." (emphasis supplied)
Bombay High Court Cites 30 - Cited by 0 - S J Kathawalla - Full Document

Felguera Gruas India Private Limited vs Tuticorin Coal Terminal Private ... on 11 January, 2018

14. We are afraid that in the face of the law succinctly laid down in U.P. Cooperative Federation (supra) and reiterated in numerous judgments of this Court referred to earlier, we are unable to accept the wide proposition of law laid down in the foreign judgments cited by Mr. Sorabjee. Whatever may be the law, as to the encashment of bank guarantees in other jurisdictions, when the law in India is clear, settled and without any deviation whatsoever, there is no occasion to rely upon foreign case law." (emphasis supplied)
Bombay High Court Cites 30 - Cited by 0 - S J Kathawalla - Full Document

Regional Science Centre And Anr. vs Varghese K. Pulayath And Co. And Anr. on 4 August, 1993

In U. P. Co-operative Federation Ltd. v. Singh Consultants and Engineers (P.) Ltd. [1988] 1 SCC 174 ; [1989] 05 Comp Cas 283, the Supreme Court frowned upon the approach made by the learned judge of the court below who has proceeded on the basis that the injunction bought was not against the bank but was sought against the appellant. The court said, the net effect of the injunction is to restrain the bank from performing the bank guarantee and that cannot be done. One cannot do indirectly what one is not free to do directly and said that a maltreated man in such circumstances is not remedyless. The respondent was not to suffer any injustice which was irretrievable. The respondent can sue the appellant for damages. Here in this case though in the suit an injunction was sought against defendants Nos. 2 and 3 and the first defendant-bank, in the application for temporary injunction, injunction was sought only against the bank but the appellant, defendants Nos. 2 and 3 were made parties to the petition. The court passed an order of temporary injunction against encashing bank guarantee and injunction.
Kerala High Court Cites 11 - Cited by 2 - Full Document

Kisan Sahakari Chini Mills Ltd. vs Richardson And Cruddas (1972) Ltd. And ... on 2 September, 1996

In that case, the Supreme Court repelled the contention that the law laid down in U. P. Co-operative Federation Ltd. v. Singh Consultants and Engineers (P.) Ltd. [19989] 65 Comp Cas 283 was that except in case of fraud and that too when it creates irretrievable injustice, the courts should not interfere by restraining the beneficiary from encashing the bank guarantee. On a detailed consideration of the above decision, it was observed by Nanavati J. (page 356) :
Bombay High Court Cites 8 - Cited by 5 - Full Document

S.M.S. Demag Ag And Anr. vs Neelachal Ispat Nigam Ltd. And Ors. on 24 December, 2003

It is thus clear that before the Court passes order restraining encashment of bank guarantee, the evidence must be clear that a fraud had been committed by the beneficiary of the bank guarantee and that the Bank had knowledge of such fraud after minimal investigation and it will also not be sufficient if the Bank's knowledge rests merely on the uncorroborated statement of the customer. This position of law with regard to the nature of fraud and the evidence of not only the fact of fraud but also the knowledge of the Bank about the fraud as discussed in the judgment of K. Jagannatha Shetty, J. in U. P. Co-operative Federation Ltd. v. Singh Consultants and Engineers (P) Ltd. (supra) and in the statement of Sir John Donaldson, M. R. in Bolivinter Oil S.A. v. Chase Manhattan Bank (supra) has also been discussed and approved by the Supreme Court in U. P. State Sugar Corporation v. Sumac International Ltd. (supra).
Orissa High Court Cites 31 - Cited by 0 - A K Patnaik - Full Document
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