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State Of Maharashtra & Anr vs M/S National Construction ... on 9 January, 1996

j) State of Maharashtra & Anr. Vs. National Construction Company, Bombay & Anr.12 11 It is settled that the judicial interference in the matter of enforcement of bank guarantee is quite limited. However, it is subject to the exception of fraud of an egregious nature and where irretrievable injury and irretrievable injustice would occur and where the bank guarantee was not invoked strictly in terms and tenor of the 6 Appeal (L) No. 395 of 2015, dated 9 June 2015 (Bom. HC) 7 ARBP (L) No. 647 of 2015, dated 21 April 2015 (Bom. HC) 8 (1997) 1 SCC 568 9 (2007) 6 SCC 470 10 1936 SCC OnLine Cal 48=AIR 1936 Cal 315 11 (1965) 3 SCR 777=AIR 1966 SC 170=(1965) 35 Comp Cas 596 12 (1996) 1 SCC 735 7/21 ::: Uploaded on - 23/06/2016 ::: Downloaded on - 23/06/2016 23:58:58 ::: ssm 8 aapl.106.16.sxw bank guarantee. It is settled, being an independent commercial contract, that the terms of the bank guarantee are required to be complied with in the strictest possible manner. It is required to be interpreted strictly. All the parties are bound by its terms and conditions.
Supreme Court of India Cites 6 - Cited by 142 - A M Ahmadi - Full Document
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