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North Karanpura Transmission Company ... vs Central Electricity Regulatory ... on 23 February, 2023

Appellate Tribunal For Electricity Cites 82 - Cited by 0 - R Ranganathan - Full Document

M/S. Shapoorji Pallonji ... vs Central Transmission Utility Of India ... on 18 March, 2024

None of the judgments, in the long list of cases where Courts/Tribunals were called upon to exercise restraint against interference with invocation of bank guarantees (ie in (1) U.P. Cooperative Federation Ltd. v. Singh Consultants and Engineers (P) Ltd., (1988) 1 SCC 174; (2) United Commercial Bank v. Bank of India, (1981) 2 SCC 766; (3) Dwarikesh Sugar Industries Ltd. v. Prem Heavy Engineerings Works (P) Ltd., (1997) 6 SCC 450; (4) SBI v. Mula Sahakari Sakhar Karkhana Ltd., (2006) 6 SCC 293; (5) State of Maharashtra v. National Construction Company, Bombay (1996) 1 SCC 735; (6) Ansal Engineering Projects Ltd. v. Tehri Hydro Development Corporation Ltd. (1996) 5 SCC 450; (7) BSES Ltd. v. Fenner India Ltd., (2006) 2 SCC 728; (8) Gujarat Maritime Board v. L&T Infrastructure Development Projects Ltd. (2016) 10 SCC 46; (9) Vinitec Electronics Private Ltd. v. HCL Infosystems Ltd., (2008) 1 SCC 544; (10) Adani Agri Fresh v. Mehboob Sharif, (2016) 14 SCC 517; (11) Himadri Chemicals Industries Ltd. v. Coal Tar Refining Co., (2007) 8 SCC 110; (12) A.P. Pollution Control Board v. CCL Products (India) Ltd., (2019) 20 SCC 669; (13)Standard Chartered Bank v. Heavy Engg. Corpn. Ltd., (2020) 13 SCC 574, and (14) U.P. State Sugar Corpn. v. Sumac International Ltd) were even brought to the notice of this Tribunal in 'Vaayu Renewable Energy (Kaveri) Put.
Appellate Tribunal For Electricity Cites 32 - Cited by 0 - R Ranganathan - Full Document

Inox Green Energy Services Ltd & Ors vs Central Electricity Regulatory ... on 24 February, 2023

59. On the other hand, Mr. M. G. Ramachandran, learned Senior Counsel appearing on behalf of the 2nd Respondent-SECI, would submit that ,encashment of the bank guarantee is also consistent with the provisions of Clause 4.6.1 read with Clause 5.2.2 of the PPA; Article 5.2.2 of the PPA stipulates that SECI shall have the right to encash the performance bank guarantee without prejudice to the other rights of the buyer under this Agreement; in Gujarat Maritime Board vs. Larsen and Toubro Infrastructure Development Projects Limited and Another [(2016) 10 SCC 36], and Vinitec Electronics Private Limited vs. HCL Infosystems Limited [(2008) 1 SCC 544], the Supreme Court held that reference to the underlying contract or breach thereof in the bank guarantee, or in the invocation letter, will not make any difference in the principles of encashment of Bank Guarantee, so long as the terms of Bank Guarantee are unconditional; and, in case of liquidated damages, what is necessary to establish is the legal injury and loss, and there is no need to plead and/or prove actual loss.
Appellate Tribunal For Electricity Cites 44 - Cited by 1 - R Ranganathan - Full Document
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