Invocation - Year 2015 - Judgments

Apr 21 2015 (HC)

M/s. S. Satyanarayana and Co. Vs. M/s. West Quay Multiport Pvt. Ltd. a ...

Court: Mumbai

Decided on: Apr-21-2015

..... between the parties it is submitted by the petitioner that the invocation is nothing but a counter blast to the proceeding filed ..... such motive is ulterior or unconscionable an ex facie bad invocation also cannot afford a ground for an injunction against enforcement ..... part of the petitioner and constitute a default event for invocation of the bank guarantees these are all matters pertaining to .....

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Mar 23 2015 (HC)

Tata Chemicals Ltd. Vs. Hindustan Fertilizer Corpn. Ltd.

Court: Kolkata

Decided on: Mar-23-2015

..... the plaintiff had applied for interim injunction with regard to the invocation of the bank guarantee such injunction was granted by the ..... of the plaintiff in honoring the bank guarantee in the event invocation is made subsequent to the expiry of three months prior ..... charges against the plaintiff has become stale moreover the letter of invocation has been issued beyond the validity period of the right .....

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May 14 2015 (SC)

Savitri Devi Vs. State of U.P. and Ors.

Court: Supreme Court of India

Decided on: May-14-2015

..... filed in the high court of allahabad challenging the said notifications with primary contention that invocation of emergency provision and taking away valuable right of the land holders under section 5a ..... in the said case accepting the aforesaid contention of the writ petitioners and holding that invocation of provisions of section 17 of the act was not justified accordingly the division bench .....

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Oct 16 2015 (HC)

Heavy Engineering Corporation Ltd. Vs. Standard Chartered Bank

Court: Kolkata

Decided on: Oct-16-2015

..... learned advocate appeared on behalf of the bank and submitted the invocation of the guarantees made by the plaintiff was not in terms ..... settlement of dankuni coal complex project being the reason given for invocation which therefore was not in terms of the guarantees he relied ..... guarantee could be invoked by none except the chief engineer the invocation was thus wholly wrong and the bank was under no .....

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Jun 26 2015 (HC)

M/s Link Utsav Auto System Pvt. Ltd. Vs. State of MP

Court: Madhya Pradesh

Decided on: Jun-26-2015

..... 2014 informing the petitioner regarding rejection of his application dated 24 9 2014 filed for invocation of clause 17 of the contract agreement relating to dispute resolution through arbitrator was also ..... aforesaid third show cause notice as well the order of rejection of its application of invocation of dispute resolution clause of the contract agreement alongwith some other reliefs after filing .....

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Mar 17 2015 (HC)

Jcl Infra Ltd. (Formerly Known as J.Sons Co. Ltd.) Vs. Govt. of Nct o ...

Court: Delhi

Decided on: Mar-17-2015

..... from the petitioner it is not necessary that the respondents must determine the recoveries before invocation even in contemplation of recoveries likely to be due from the petitioner would suffice an ..... ground of irretrievable injustice special equity or any other ground for seeking injunction against the invocation of the bank guarantees 19 insofar as the judgment relied upon by the learned senior .....

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Jun 24 2015 (HC)

Corrtech International Pvt. Ltd. Vs. Gail India Ltd.

Court: Delhi

Decided on: Jun-24-2015

..... the bank guarantee was given and the courts would not grant any injunction restraining the invocation except in the case of fraud or irretrievable injury in svenska handelsbanken v indian charge ..... was supplied he would be strongly penalized by forfeiture of the bid security and by invocation of the performance bank guarantee the petitioner had signed the contract and accepted the terms .....

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Jul 27 2015 (HC)

Union of India Vs. M/s. Indusind Bank Ltd. and Others

Court: Mumbai

Decided on: Jul-27-2015

..... was invoked that amount was paid later there was a second invocation of the same bank guarantee the defendants obtained an attorney ..... the parties and the admitted facts of the issue and the invocation of the bank guarantee would be seen upon interpretation of ..... annexures began when the plaintiff realized that it required the second invocation of the bank guarantee upon which defendant no 1 obtained .....

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Jun 24 2015 (HC)

Jms Mining Services Pvt. Ltd. Vs. Dcs Ltd.

Court: Kolkata

Decided on: Jun-24-2015

..... cases of fraud irretrievable injustice and special equity an injunction may be granted restraining the invocation of a bank guarantee the judgement in hindustan construction co ltd versus state of bihar ..... equity in favour of the respondent is also difficult to accept since the letter of invocation clearly indicates that it is the bank guarantees covering unutilised mobilisation guarantee which have .....

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Aug 10 2015 (HC)

M/S. Icicibank Limi Vs. 1.M/S.Ivrcl Ltd (Rformerly Known Asicrc

Court: Andhra Pradesh

Decided on: Aug-10-2015

..... repercussions in international trade except in extraordinary circumstances no injunction can be granted against invocation encashment of a bank guarantee the extra ordinary circumstances are cases of fraud and ..... the contract between respondents 1 and 2 the irretrievable injury test necessary to injunct invocation of the bank guarantee is also not satisfied the irretrievable injury caused to the .....

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