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

20. The Supreme Court observed that both the courts below had committed a jurisdictional error when they failed to take note of the law laid down in Raman Iron Foundry which governed the controversy, and had instead placed reliance on Himadri Chemicals Industries Ltd. v. Coal Tar Refining Co., (2007) 8 SCC 110 and U.P. State Sugar Corpn. v. Sumac International Ltd., (1997) 1 SCC 568 , which laid down general principle relating to bank guarantees; there could be no quarrel with the proposition laid down in those cases; however, every case had to be decided with reference to the facts involved therein; the case at hand was similar on facts with that of Raman Iron Foundry, and hence the law laid down in that case was applicable to this case; the District Judge, having decided the injunction application in the first instance in the appellant's favour, had erred in rejecting the application made by the appellant the second time; the respondents, despite having suffered the injunction order the first time, did not file any appeal against that order; the said order had thus attained finality and was, therefore, binding on the parties; the appellants had made out a prima facie case in their favour for grant of injunction against the respondents; they had also made out a case of balance of convenience and irreparable loss in their favour as held in Raman Iron Foundry; and they were, therefore, entitled to claim injunction against the respondent in relation to encashment of the Bank Guarantee. The appeal was allowed, the impugned Order was set aside, in consequence, the injunction application submitted by the appellant under Section 9 of the Arbitration Act was allowed, and injunction was granted in the appellant's favour restraining the respondent from encashing the Bank Guarantee.
Appellate Tribunal For Electricity Cites 82 - Cited by 0 - R Ranganathan - Full Document

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

29. The Supreme Court observed that both the courts below had committed a jurisdictional error when they failed to take note of the law laid down in Raman Iron Foundry which governed the controversy, and had instead placed reliance on Himadri Chemicals Industries Ltd. v. Coal Tar Refining Co., (2007) 8 SCC 110 and U.P. State Sugar Corpn. v. Sumac International Ltd., (1997) 1 SCC 568, which laid down general principles relating to bank guarantees; there could be no quarrel with the proposition laid down in those cases; however, every case had to be decided with reference to the facts involved therein; the case at hand was similar on facts with that of Raman Iron Foundry, and hence the law laid down in that case was applicable to this case; the District Judge, having decided the injunction application in the first instance in the appellant's favour, had erred in rejecting the application made by the appellant the second time; the respondents, despite having suffered the injunction order the first time, did not file any appeal against that order; the said order had thus attained finality and was, therefore, binding on the parties; the appellants had made out a prima facie case in their favour for grant of injunction against the respondents; they had also made out a case of balance of convenience and irreparable loss in their favour as held in Raman Iron Foundry; and they were, therefore, entitled to claim injunction against the respondent in relation to encashment of the Bank Guarantee. The appeal was allowed, the impugned Order was set aside, in consequence, the injunction application submitted by the appellant under Section 9 of the Arbitration Act was allowed, and injunction was granted in the appellant's favour restraining the respondent from encashing the Bank Guarantee.
Appellate Tribunal For Electricity Cites 44 - Cited by 1 - R Ranganathan - Full Document

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

To avail of this exception, therefore, exceptional circumstances which make it impossible for the guarantor to reimburse himself if they ultimately succeed, will have to be decisively established. Clearly, a mere apprehension that the other party will not be able to pay, is not enough. In Itek Corporation. v. First National Bank of Boston, (566 Fed Supp 1210), there was certainty on this issue. (Dwarikesh Sugar Industries Ltd. v. Prem Heavy Engineerings Works (P) Ltd.; U.P. State Sugar IA No. 154 OF 2024 IN APL No. 33 OF 2024 Page 28 of 44 Corpn. v. Sumac International Ltd., (1997) 1 SCC 568; ITD Cementation India Ltd. v. Reliance Infrastructure Limited 2014 SCC OnLine Bom 198). Proof of loss or damage being suffered by the Appellant is not necessary for invocation and encashment of a Bank Guarantee.
Appellate Tribunal For Electricity Cites 32 - Cited by 0 - R Ranganathan - Full Document

Eit Services India Private Limited vs India Post Payments Bank Limited & Anr. on 18 September, 2023

54. Special equities, as held by the Supreme Court in U.P. State Sugar Corpn. v. Sumac International Ltd., (1997) 1 SCC 568 and in Svenska Handelsbanken v. Indian Charge Chrome, (1994) 1 SCC 502, have to partake the character of irretrievable injustice. Even otherwise, it cannot be said that any such case of special equities has been made out by the petitioner, as would justify interdicting invocation of the subject bank guarantees. Indeed, the contentions of learned Senior Counsel for the petitioner essentially revolved around compliance with the conditions stipulated in the bank guarantee for transfer of the guaranteed amount to the credit of HPL, and on the aspect of irretrievable injustice."
Delhi High Court Cites 52 - Cited by 0 - J Singh - Full Document

Fernas Construction Company Inc vs Gujarat State Petronet Ltd & on 21 October, 2016

19. As held by the Apex Court in the case of UP State  Sugar Corporation (supra), it is not the case of  the   petitioner   that   there   is   any   fraud   or   any  irretrievable   injury.     On   the   contrary,   as  rightly contended by the learned counsel for the  respondent   no.1   that   respondent   no.1   is   an  organisation established by the State of Gujarat  whereas the petitioner is a company registered in  Page 47 of 48 HC-NIC Page 47 of 48 Created On Sat Oct 22 01:22:54 IST 2016 O/IAAP/96/2016 ORDER Turkey with no assets in India.
Gujarat High Court Cites 17 - Cited by 0 - R M Chhaya - Full Document

Mytrah Vayu (Brahamputra) Private ... vs M/S. Solar Energy Corporation Of India ... on 18 March, 2024

To avail of this exception, therefore, exceptional circumstances which make it impossible for the guarantor to reimburse himself if they ultimately succeed, will have to be decisively established. Clearly, a mere apprehension that the other party will not be able to pay, is not enough. In Itek Corporation. v. First National Bank of Boston, (566 Fed Supp 1210), there was certainty on this issue. (Dwarikesh Sugar Industries Ltd. v. Prem Heavy Engineerings Works (P) Ltd.; U.P. State Sugar Corpn. v. Sumac International Ltd., (1997) 1 SCC 568; ITD Cementation India Ltd. v. Reliance Infrastructure Limited 2014 SCC OnLine Bom 198).
Appellate Tribunal For Electricity Cites 48 - Cited by 0 - R Ranganathan - Full Document

Abir Infrastructure Pvt. Ltd. vs Teestavalley Power Transmission ... on 3 September, 2014

35. In reply to the argument of the petitioner about special equities, it is the argument of the respondent No.1 is that the special equities claimed have to meet the similar high threshold of irretrievable injustice. The special equities need to be of a gross nature that leave the party remediless. [U.P. State Sugar Corporation v. Sumac International Ltd. (supra)].
Delhi High Court Cites 22 - Cited by 9 - M Singh - Full Document

Trf Ltd. vs Energo Engineering Projects Ltd. & Anr. on 17 February, 2017

"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."

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

It will thus be clear from the aforesaid judgment that to avail the exception of irretrievable injustice exceptional circumstances which make it impossible for the guarantor to reimburse himself if he ultimately succeeds will have to be decisively established and a mere apprehension that the other party will not be able to pay is not enough. The Supreme Court found in the aforesaid case of U. P. State Sugar Corporation Ltd. v. Sumac International Ltd. (supra) that even though the Corporation was a sick industrial company in respect of which a reference was pending before the B.I.F.R. under the Sick Industrial Companies (Special Provisions) Act, 1985, there could be no presumption that the Corporation would in no circumstances be able to discharge its obligations and held that this was not a situation of the kind envisaged in the case of Itek Corporation v. First National Bank of Boston (supra) where there was no possibility whatsoever of recovery of any amount from the purchaser.
Orissa High Court Cites 31 - Cited by 0 - A K Patnaik - Full Document

Juniper Green Energy Private Limited vs Maharashtra Electricity Regulatory ... on 30 January, 2023

To avail of this exception, therefore, exceptional circumstances which make it impossible for the guarantor to reimburse himself if they ultimately succeed, will have to be decisively established. Clearly, a mere apprehension that the other party will not be able to pay, is not enough. In Itek Corporation. v. First National Bank of Boston, (566 Fed Supp 1210), there was certainty on this issue. ( Dwarikesh Sugar Industries Ltd. v. Prem Heavy Engineerings Works (P) Ltd; U.P. State Sugar Corpn. v. Sumac International Ltd., (1997) 1 SCC 568; ITD Cementation India Ltd -v- Reliance Infrastructure Limited and Others (2014) SCCOnline Born 198).
Appellate Tribunal For Electricity Cites 9 - Cited by 0 - Full Document
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