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M/S Bses Ltd. (Now Reliance Energy Ltd.) vs M/S Fenner India Ltd. & Anr on 3 February, 2006

In BSES Ltd. v. Fenner India Ltd. [(2006) 2 SCC 728] this Court held: (SCC pp. 733-34, para 10) 10. There are, however, two exceptions to this rule. The first is when there is a clear fraud of which the bank has notice and a fraud of the beneficiary from which it seeks to benefit. The fraud must be of an egregious nature as to vitiate the entire underlying transaction. The second exception to the general rule of non-intervention is when there are special equities in favour of injunction, such as when irretrievable injury or irretrievable injustice would occur if such an injunction were not granted.
Supreme Court of India Cites 6 - Cited by 149 - Full Document
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