guarantee;
(c) The facts and circumstances of the case clearly demonstrate special equities in favor of the petitioners so as to justify grant ... would fall in this exception - Cases of irretrievable injury, fraud, extraordinary special equities and invocation of bank guarantee being not in terms of the bank
Tourbo Ltd. v. MSEB and Ors. as no case of special equities is made out either in that judgment or in the present case. Such ... being in favor of the petitioner/applicant would also tilt extraordinary special equities, which are in favor of the applicant and against the respondents
Halliburton Offshore
Services Inc. v. Vedanta Ltd5 , the petitioner contends that
special equities and irretrievable injustice justify the grant of
injunction, under Section ... with the order, dated 3rd April, 2006, of
the Supreme Court in SLP (C) 5456/2006 ( Satluj Jal Vidyut Nigam
Ltd v. Jai Prakash Hyundai
suggest that there may be another exception in the form of special equities arising from a particular situation which might entitled the party ... performance of Bank guarantee. But in the absence of such special equities and in the absence of any clear fraud, the Bank must
subject and throws considerable light on what would be special circumstances or special equity justifying issuance of an injunction to restrain the bank from paying ... prevent irretrievable injustice. The expression 'a special case' or 'a special equity' qualifies the prevention of irretrievable injustice
invocation of the bank guarantees is not fraudulent,
still the special equities are in favour of the petitioner which is
compelling reason for this Court ... take advantage of its own wrongs. As such,
the special equities are in favour of the petitioner. Learned
Senior counsel has also narrated certain facts
petitioners. The petitioners state and submit that there are
special equities in favour of the petitioners."
"30. The petitioners state and submit that ... case of any fraud
and irretrievable injustice so also special equities. Both the contracts are
independent. The performance bank guarantee which is unconditional and
irrevocable
warrant
interference with bank guarantees was the rule of "special equities". The
Learned Judge held that an injunction on the ground ... special equity"
could be granted if the Court found the circumstances to be iniquitous,
grossly unfair and unjust and that the instant case
guarantee by defendant No. 1 on ground of duress, fraud and special equities arising from certain situation. The abovereferred amount ... ground of economic duress amounting to coercion, fraud and special equities of the situation.
8. It is well-settled that Court
that special
equities or the special circumstances of the case
required it. The special circumstances and/or special
equities which have been pleaded in this ... nebulous. It means peculiar or special circumstances
which result in irretrievable injustice. These special equities or special
circumstances must be pleaded.
18. Bank guarantees cannot
