Larsen & Toubro Limited vs Maharashtra Stateelectricity Board & ... on 13 September, 1995
In Larsen and Toubro Limited v. Maharashtra State Electricity Board and others (supra) the Apex Court observed thus:
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1 - 4 of 4 (0.18 seconds)Hindustan Construction Co. Ltd vs State Of Bihar And Ors on 8 October, 1999
12. Recently, in Hindustan Construction Co. Ltd. & others v. State of Bihar & others (supra), the Apex Court while reiterating the principles which govern Court interference in invocation of bank guarantee highlighted that such performance guarantee has to be invoked in accordance with the terms and conditions of the guarantee. In paragraph 21 of the report, the Apex Court held thus :---
U.P. State Sugar Corporation vs M/S. Sumac International Ltd on 4 December, 1996
7. Per contra Mr. Gaurang Khinkhabwala, the learned Counsel appearing for the 2nd defendant strenuously urged that the bank guarantee furnished by the plaintiff is unconditional and since the facts and circumstances of the case do not make out case of any fraud or irretrievable injustice, question of granting any temporary injunction restraining the 2nd defendant from invoking the bank guarantee does not arise. He urged that the plaintiff committed default in delivering the films in time as per the purchase order and, therefore, no case for grant of temporary injunction is made out. Mr. Khinkhabwala relied upon the judgments of the Apex Court in U.P. State Sugar Corporation v. Sumac International Ltd., and Dwarikesh Sugar Industries Ltd. v. Prem Heavy Engineering Works (P.) Ltd., and another, .
Dwarikesh Sugar Industries Ltd vs Prem Heavy Engineeing Work on 7 May, 1997
7. Per contra Mr. Gaurang Khinkhabwala, the learned Counsel appearing for the 2nd defendant strenuously urged that the bank guarantee furnished by the plaintiff is unconditional and since the facts and circumstances of the case do not make out case of any fraud or irretrievable injustice, question of granting any temporary injunction restraining the 2nd defendant from invoking the bank guarantee does not arise. He urged that the plaintiff committed default in delivering the films in time as per the purchase order and, therefore, no case for grant of temporary injunction is made out. Mr. Khinkhabwala relied upon the judgments of the Apex Court in U.P. State Sugar Corporation v. Sumac International Ltd., and Dwarikesh Sugar Industries Ltd. v. Prem Heavy Engineering Works (P.) Ltd., and another, .
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