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Documents citing Standard Chartered Bank vs Heavy Engineering Corporation Ltd. on 18 December, 2019

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

(Standard Chartered Bank v. Heavy Engg. Corpn. Ltd., (2020) 13 SCC 574; Hindustan Construction Co. Ltd. v. State of Bihar, (1999) 8 SCC 436). Invocation of a bank guarantee does not depend on termination of the underlying I.A. No. 83/2024 IN A. No. 29/2024 Page 71 of 75 contract. The bank guarantee is a separate contract, and is not qualified by the contract on performance of obligations.
Appellate Tribunal For Electricity Cites 48 - 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

49. Even after the judgement in Gangotri Enterprises Ltd. v. Union of India, (2016) 11 SCC 720, the Supreme Court in A.P. Pollution Control Board v. CCL Products (India) Ltd., (2019) 20 SCC 669, and Standard Chartered Bank v. Heavy Engg. Corpn. Ltd., (2020) 13 SCC 574, has followed Ansal Engg. Projects Ltd which, as noted hereinabove, followed the long line of judgements of the Supreme Court wherein Courts were cautioned to refrain from interfering with the invocation of a bank guarantee. It is relevant to note that despite the judgement in Gangotri Enterprises Ltd being brought to its notice, the Supreme Court, in Standard Chartered Bank, followed Ansal Engg. Projects Ltd, and not Gangotri Enterprises Ltd.
Appellate Tribunal For Electricity Cites 44 - Cited by 1 - R Ranganathan - Full Document

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

100. Even after the judgement in Gangotri Enterprises Ltd. v. Union of India, (2016) 11 SCC 720, the Supreme Court in A.P. Pollution Control Board v. CCL Products (India) Ltd., (2019) 20 SCC 669, and Standard Chartered Bank v. Heavy Engg. Corpn. Ltd., (2020) 13 SCC 574, has followed Ansal Engg. Projects Ltd which, as noted hereinabove, followed the long line of judgements of the Supreme Court wherein Courts were cautioned to refrain from interfering with the invocation of a bank guarantee. It is relevant to note that despite the judgement in Gangotri Enterprises Ltd being brought to its notice, the Supreme Court, in Standard Chartered Bank, followed Ansal Engg. Projects Ltd, and not Gangotri Enterprises Ltd.
Appellate Tribunal For Electricity Cites 82 - Cited by 0 - R Ranganathan - Full Document

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

(SBI v. Mula Sahakari Sakhar Karkhana Ltd., (2006) 6 SCC 293; Standard Chartered Bank v. Heavy Engg. Corpn. Ltd., (2020) 13 SCC 574). Bank guarantees, which are payable by the guarantor on demand, are considered unconditional bank guarantees. When, in the course of commercial dealings, unconditional guarantees are given or accepted, the beneficiary is entitled to realise such a bank guarantee in terms thereof.
Appellate Tribunal For Electricity Cites 9 - Cited by 0 - Full Document

Apeco Infrastructure India Pvt Ltd vs Bharatheavy Electricals Limited Bhel & ... on 24 November, 2020

31. Some scope for debate, however, arises, on the concept of "special equities". The decisions of the Supreme Court - perhaps, advisedly - do not delineate, in precise contours, the ambit of the expression. Significantly, Fenner India Ltd. (2006) 2 SCC 728 regards "irretrievable injustice" as a specie of the "special equities" genus, whereas Standard Chartered Bank v. Heavy Engineering Corporation Ltd, 2019 SCC OnLine SC 1638, treat "special equities" and "irretrievable injustice" as distinct circumstances, either of which would justify injuncting the invocation of a bank guarantee.
Delhi High Court Cites 14 - Cited by 0 - C H Shankar - Full Document

Bhadreshwar Vidyut Private Limited vs Godrej Industries Limited on 23 September, 2022

(para 8) 6.5 In Standard Chartered Bank Vs. Heavy Engineering Corporation Limited [(2020) 13 SCC 574], the Supreme Court analyzed various decisions, to propose the same dictum that "The dispute between the beneficiary and the party at whose instance the bank has given the guarantee is immaterial and is of no consequence. There are, however, exceptions to this Rule when there is a clear case of fraud, irretrievable injustice or special equities. The Court ordinarily should not interfere with the invocation or encashment of the bank guarantee so long as the invocation is in terms of the bank guarantee."
Gujarat High Court Cites 28 - Cited by 0 - N V Anjaria - Full Document
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