providing the
performance guarantee and historically no customer has invoked the
performance guarantee given by the appellant till date. The performance
guarantee given ... upward adjustment on account of
performance guarantee is pegged at 2% of the sale consideration retained by
the MUK. Since the MUK is retaining
other considerations why the recording of reasons
is required are (i) guarantee consideration by the
authority, (ii) introduce clarity in the decisions, and (iii)
minimize
more in line with that of the American Courts. An important consideration which has weighed with the Court for holding that an administrative authority exercising ... this view are that the requirement of recording reasons would (i) guarantee consideration by the authority; (ii) introduce clarity in the decisions; and (iii) minimise
Assessment year: 2011-12
Page 2 of 7
length consideration of guarantee commission at 1.5% is more than what has been judicially
held ... length consideration for guarantee commission, there cannot normally be
any basis to hold that further ALP adjustment is required. It is on this basis that
extended guarantee by 03.08.2006, it would invoke the Bank
Guarantee and demand the amount from defendant no.2 by
04.08.2006. Taking into consideration the past ... Bank Guarantee was
invoked. It is further argued that the email dated 13.05.2005 Ex.
DW1/7 demonstrates that content of Bank Guarantee was provided
this view are that the requirement of
recording reasons would (i) guarantee consideration by the
authority; (ii) introduce clarity in the decisions; and (iii)
minimise
Advance Bank
Guarantee and Performance Bank Guarantee as under:
ADVANCE BANK GUARANTEE
"NOW THEREFORE IN CONSIDERATION OF THE
FOREGOING PREMISES AND FOR OTHER GOOD ... comapl 20-25.18.sxw
Guarantee and Performance Bank Guarantee indicate that it is an
unconditional Bank Guarantee. We find substance in the submissions
Advance Bank
Guarantee and Performance Bank Guarantee as under:
ADVANCE BANK GUARANTEE
"NOW THEREFORE IN CONSIDERATION OF THE
FOREGOING PREMISES AND FOR OTHER GOOD ... comapl 20-25.18.sxw
Guarantee and Performance Bank Guarantee indicate that it is an
unconditional Bank Guarantee. We find substance in the submissions
Advance Bank
Guarantee and Performance Bank Guarantee as under:
ADVANCE BANK GUARANTEE
"NOW THEREFORE IN CONSIDERATION OF THE
FOREGOING PREMISES AND FOR OTHER GOOD ... comapl 20-25.18.sxw
Guarantee and Performance Bank Guarantee indicate that it is an
unconditional Bank Guarantee. We find substance in the submissions
Advance Bank
Guarantee and Performance Bank Guarantee as under:
ADVANCE BANK GUARANTEE
"NOW THEREFORE IN CONSIDERATION OF THE
FOREGOING PREMISES AND FOR OTHER GOOD ... comapl 20-25.18.sxw
Guarantee and Performance Bank Guarantee indicate that it is an
unconditional Bank Guarantee. We find substance in the submissions
