Invocation - Year 2017 - Judgments

May 23 2017 (HC)

Indure Private Limited vs.heidelberg Cement Limited and Anr.

Court: Delhi

Decided on: May-23-2017

..... person on whose behalf the guarantee was furnished no injunction should be issued against its invocation learned counsel for the respondent for this purpose has also relied on hindustan construction co ..... guarantee 25 where the bank guarantee is unconditional the banks are bound to honor the invocation of such unconditional bank guarantee the supreme court has clearly propounded this principle in the .....

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Apr 11 2017 (HC)

Ms Adhunik Power and Natural Resources Limited Through Its Authorized ...

Court: Jharkhand

Decided on: Apr-11-2017

..... element there can be no probe or scrutiny in respect of the factual background for invocation of unconditional bank guarantees the bank guarantees being an independent contract between the bank and ..... arisen in performance of the contract or execution of the work undertaken in furtherance thereof invocation of unconditional bank guarantee does not depend upon the result of the decision of the .....

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Jan 03 2017 (HC)

M/S Ratna Infrastructure Projects Pvt Ltd vs.m/s Meja Urja Nigam Priva ...

Court: Delhi

Decided on: Jan-03-2017

..... 00 000 learned senior counsel further amount of mobilization advance has already been recovered the invocation of the bank guarantee for the entire amount is fraudulent substantial indicating petitioner contends ..... bank guarantees however it is apparent that the arbitrator did not accept that the invocation of the performance bank guarantees was fraudulent as the arbitrator noted that munpl had .....

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Jan 12 2017 (HC)

Spml Infra Limited vs.ntpc Limited

Court: Delhi

Decided on: Jan-12-2017

..... were not unconditional and in the present case the conditions for invocation of the bgs were not fulfilled 13 countering the above submissions ..... made it particularly necessary for ntpc to state precisely in its invocation letter the reason for invoking the said bg 18 as regards ..... ltd 1997 1 scc568and observed as under the law relating to invocation of such bank guarantees is by now well settled when in .....

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Sep 25 2017 (HC)

Wipro Limited vs.employees State Insurance Corporation & Another

Court: Delhi

Decided on: Sep-25-2017

..... four thousand three hundred forty one only we have received an invocation from esic demanding payment under this bank guarantee we therefore ..... by 28th september 2017 to enable us to honor the above invocation 13 learned senior counsel for the petitioner contends that the ..... first instance decide on the objection of the petitioner about the invocation 20 the tribunal has directed that in case the bank .....

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May 05 2017 (HC)

Hindustan Construction Company Ltd. Vs.ircon International Ltd.

Court: Delhi

Decided on: May-05-2017

..... submitted that mobilisation advance provided to hcc had been partly recovered by ircon and therefore invocation of bank guarantees to that extent was unsustainable 14 mr agnani learned senior advocate appearing ..... the bank guarantees in question cannot be interdicted 20 the contention that the letters of invocation are not in terms of the bank guarantees is also unmerited undoubtedly the guarantees .....

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Feb 17 2017 (HC)

Trf Ltd. Vs.energo Engineering Projects Ltd. & Anr.

Court: Delhi

Decided on: Feb-17-2017

..... issued by way of statement not to take any steps for invocation shall continue subject to the condition that the petitioner shall ..... the performance tests had not been reached in the circumstances the invocation of the pbgs by energo was dishonest 30 mr sibal ..... not relevant in deciding whether an injunction should be granted against invocation of such bg particularly when it is unconditional in other .....

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Jun 02 2017 (HC)

Essar Projects(india) Limited vs.indian Oil Corporation Limited & Anr.

Court: Delhi

Decided on: Jun-02-2017

..... light of the aforesaid discussion the following principles governing the invocation of bank guarantees are culled out i a bank ..... the court ordinarily should avoid granting injunction to restrain the invocation of bank guarantee unless it is prima facie satisfied that ..... was performed diligently till its end and hence the additional invocation of bank guarantee without proper estimation was found to be .....

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Sep 19 2017 (HC)

Bharat Heavy Electricals Limited vs.electricity Generation Incorporat ...

Court: Delhi

Decided on: Sep-19-2017

..... such written letter notices and thus the termination of contract is completely unjust making the invocation of performance bank guarantee invalid and hence void it is claimed that though the contract ..... cannot be sustained transmitted 20 dealing with this issue of territorial jurisdiction in case of invocation of bank guarantee in hellenic electricity supra this court held 12 the principle of law .....

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Dec 22 2017 (HC)

Sintex Oil and Gas Limited vs.union of India & Ors.

Court: Delhi

Decided on: Dec-22-2017

..... bank guarantees then irretrievable injustice and injury shall be caused is respectfully the respondents invocation encashment of the bank guarantees is fraudulent unwarranted and without any basis in law ..... and any such invocation encashment shall perpetuate a in irretrievable injustice to the petitioner fraud of an egregious .....

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