particular by suppression of the fact as to the revocation of the guarantee by the plaintiff as aforesaid".
3. By the written statement filed ... material times. The bank also described the story of revocation of the guarantee as untrue.
4. The suit came on for hearing before
guarantee is revoked by the death of the surety depends, it would seem, upon the nature of the guarantee given. If it be a guarantee ... absence of any contract to the contrary, as a revocation of a continuing guarantee, so far as regards future transactions.
6. As I read
Galstaun was concerned, was based on the following letter of guarantee written by him to the plaintiffs on the 6th January 1921:
In consideration ... otherwise might be entitled to claim and enforce.
3. This guarantee shall not be revocable by notice or by reason of my death
does not guarantee the validity of the patent which can be challenged before the High Court on various grounds in revocation or infringement proceedings ... opposition does not guarantee the validity of the patent which can be challenged before the High Court on various grounds in revocation or infringement proceedings
conclusive and this Indenture Further Witnesseth that the Guarantee herein contained shall not be revocable by notice of dissolution, bankruptcy, liquidation, closure or winding ... place with or without the knowledge of the Bank and that the Guarantee herein contained shall remain in full force and virtue until all claims
that the performance guarantee or the bank guarantee furnished in lieu
thereof, is an unconditional bank guarantee. The defendant no.2 is
obliged on demand ... irretrievable prejudice the Court may not interfere with the revocation
of bank guarantee. Mr. Bose submits that the formation of the contract is
not vitiated
dues.
(iii) On May 31. 1946 the plaintiff revoked the said guarantee by notice in writing.
(iv) On May 31. 1946 a sum not exceeding ... particular by suppression of the fact as to the revocation of the guarantee by the plaintiff as aforesaid."
8. This Court came
held that the guarantee under the surety, bond executed by Madan Mohan Tai Poddar was not a continuing guarantee, and following the authority of the case ... death of Madan Mohan did not operate as a revocation of the guarantee, because in the bond there was an express stipulation that the heirs
12th
July, 2024, the respondent no. 4 has forwarded all original Bank
Guarantee with legal compliance certificate, copy of front page of bank
6
passbook ... mentioned and the competent authority has approved the
same for revocation of the Bank Guarantee of the petitioner.
13. Learned Advocate General submits that
Galstaun was concerned, was based on the following letter of guarantee written by him to the Plaintiffs on the 6th January 1921:
In consideration ... otherwise might be entitled to claim and enforce.
3. This guarantee shall not be revocable by notice or by reason of my death
