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Jcl Infra Ltd. (Formerly Known As J.Sons ... vs Govt. Of Nct Of Delhi Through Chief ... on 17 March, 2015 cites

Emaar Mgf Construction Pvt Ltd vs Delhi Development Authority & Ors on 20 December, 2010

18. There is another aspect of the matter, the tender document which is a part of the contract between the parties vide Annexure C prescribes the form of bank guarantee. The form stipulated the amounts under the bank guarantees are payable without demur merely on demand from the respondents stating that the amount claimed is required to meet the recovery dues or likely to be due from the petitioner. The sweep of the bank guarantee is so wide that it could be invoked to meet the recoveries likely to be due from the petitioner. It is not necessary that the respondents must determine the recoveries before invocation even in contemplation of recoveries likely to be due from the petitioner would suffice an invocation. I note for benefit, the case of Emaar MGF OMP (I) 19 of 2015 Page 16 of 18 Construction Pvt. Ltd. (supra) relied upon by the learned counsel for the respondents, wherein, the learned Single Judge of this Court, after analyzing the law as referred to above, has upheld the invocation of the bank guarantees. Suffice to state, the petitioner has not raise the ground of irretrievable injustice/special equity or any other ground for seeking injunction against the invocation of the bank guarantees.
Delhi High Court Cites 19 - Cited by 7 - V Sanghi - Full Document

Nangia Construction India (P) Ltd. vs National Buildings Construction ... on 23 April, 1990

Insofar as the judgment relied upon by the learned Senior Counsel in Nangia Construction India Ltd. (supra) is concerned, the same has no applicability keeping in view the latest position of law of the Supreme Court in Federal Bank Ltd. (supra), as referred to above, inasmuch as the Supreme Court in unequivocal terms, has held, that contract for bank guarantee is a separate and independent contract and the bank issuing guarantee is not concerned with the unrelying contract between the parties to the contract.
Delhi High Court Cites 48 - Cited by 19 - Full Document

Federal Bank Ltd vs V.M Jog Engineering Ltd. And Ors on 29 September, 2000

Insofar as the judgment relied upon by the learned Senior Counsel in Nangia Construction India Ltd. (supra) is concerned, the same has no applicability keeping in view the latest position of law of the Supreme Court in Federal Bank Ltd. (supra), as referred to above, inasmuch as the Supreme Court in unequivocal terms, has held, that contract for bank guarantee is a separate and independent contract and the bank issuing guarantee is not concerned with the unrelying contract between the parties to the contract.
Supreme Court of India Cites 19 - Cited by 122 - M J Rao - Full Document
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