Guarantee and not an unconditional
Bank Guarantee. Merely because in the Bank Guarantee Ex. D2
the word "unconditional or without protest or cavil ... unconditional. The
terms of Bank Guarantee have to be seen to conclude whether the
Bank Guarantee is conditional and unconditional and mere reading
payment terms as
below:
a. 7.5% mobilisation advance against submission of bank
guarantee(s)
b. 5% against pro rata submission of shop drawing ... bank guarantee(s)
e. 10% on commissioning and handing over against
submission of bank guarantee(s)
The plaintiff claimed that it duly furnished unconditional
bank
bank
guarantee in favour of defendants. It is stated that vide letter dated
23.04.2014, defendants were authorized to encash bank guarantee
in discharge of payments ... that as per terms of bank guarantee,
defendants were entitled to forfeit earnest money deposit by
encashing bank guarantee.
3.9. It is stated that
unconditional, absolute and irrevocable guarantee to pay on demand to
the lender. There is no such precondition anywhere stated in the entire
guarantee deed ... shares
pledged. The deed is couched in such words that it puts unconditional
CS No.208206/2016
M/s Goyal MG Gases
maintainable in the eyes of law as the subject bank guarantees are
unconditional and irrevocable and the respondent no.2 is bound to make ... underlying contract and it
is only terms of the bank guarantee which have to be considered by the
court while deciding the present application
order to guarantee the said refund, a post dated cheque was to be
issued by lender bank in favour of Project Owner. Thus ... contend that the project funder had executed an irrevocable
and unconditional guarantee for payment of consultation fees, under which
the original cheque of US dollar
dated 14.08.2013 read with supplementary
agreement dated 31.03.2015. There was an unconditional
guarantee/offer to buy back both the aforementioned flats on or
before ... trial court erred in not appreciating that the covenant of an
unconditional guarantee/offer to buy back both the flats at pre
settled and determined
Sant Nagar, Burari, Delhi84, approached the plaintiff
bank for Term Loan to the plaintiff bank for the purchase of
a four wheeler vehicle make ... guarantor (in form of continuing
guarantee) dated 07.07.2012. The defendant no. 2 has
agreed to jointly and severally guarantee to the due
payment and discharge
Sh. Pramod Kumar Jain vs Dr. Raman Kumar Juneja on 27 September, 2018
IN THE
Federation Of Indian Chambers Of ... vs M/S. Vishesh Films Pvt. Ltd on 14 August
