appropriate Direction(s) / Order(s) to the Respondents to
return the Performance Bank Guarantee of Rs. 20 Crores and
Additional Performance Bank Guarantees ... shall encash the
Performance Guarantee in the following manner:
Delay upto five months: The Distribution Licensee will encash
the Performance Bank Guarantee
bank guarantee even if the dispute, between
the beneficiary and the person at whose instance the bank guarantee was
given by the bank, had arisen ... encashment of
the bank guarantee so long as the invocation is in terms of the bank
guarantee. ( Standard Chartered Bank v. Heavy Engg. Corpn
Respondent No. 2 @ 0.5% per day of total value
of Performance Bank Guarantee (PBG).
f) Aggrieved by the imposition of LD, the Respondent ... dated
28.03.2013?
d. Whether the appellant is empowered to invoke Performance
Bank Guarantee as per Clause 3.3.3 of the PPA dated
28.03.2013?
e. Whether
respondent No. 3/ PEDA to refund the amount of
Performance Bank Guarantee taken by it by
invoking the Bank Guarantee.
(h) During the pendency ... appellant
was completed on 7-11-2016?
xv) Whether the Performance Bank Guarantee
furnished by the appellant could be forfeited by
the respondent
Board addressed a letter to
the Appellant regarding encashment of
Performance Bank Guarantee. The Board asked
the Appellant to replenish the encashed amount
within ... foundation of such a bank guarantee and
the beneficiary seeks to take advantage of the situation.
Allowing encashment of bank guarantee would result in
irretrievable
Respondent No. 2 @
0.5% per day of total value of the Performance Bank Guarantee
(PBG).
f) Aggrieved by the imposition of LD, the Respondent ... dated
28.03.2013?
d. Whether the appellant is empowered to invoke Performance
Bank Guarantee as per Clause 3.3.3 of the PPA dated
28.03.2013?
e. Whether
furnish to the procurer i.e. the Power
Corporation (R-2), performance Bank Guarantee and then sign
the PPA within 60 days of the issue ... requisite Bank Guarantee
my clients are constrained to encash the unconditional and
19 of 51
Appeal No. 156 of 2009
irrevocable Bank Guarantee submitted
Regulations; and encashment of the
performance bank guarantee amounting to Rs. 20 crores, submitted
earlier by the Appellant to the Respondent-Board, by its letters ... Vide letter dated
20.06.2016, the Appellant submitted a Performance Bond and
Performance Bank Guarantee dated 17.06.2016 in connection with its bid
for JMPL.
23. Section
finalization of the bid. The
entity shall be required to furnish Performance Bank
Guarantee within 15 days of issue of LOI and complete
such other ... time of authorization replaced by a
"Performance Bond"(performance Bank Guarantee). This, we note, is
meant to be the mode through which
guarantee duly issued by YES Bank
("the Bank").
The beneficiary of this guarantee is entitled to confirm the authenticity of
this guarantee directly ... Bank:.
For YES Bank Limited
DATE: 06-JUL-18
PLACE: YES BANK LTD HYDERABAD BRANCH
BANK GUARANTEE: 006G M07181870001 DATED: 06.07.2018
Performance Bank Guarantee
