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Supreme Court Allows Appeal of SBI Consortium in Corporate Guarantee Dispute Under IBC. Corporate Guarantees Executed by Corporate Debtor Constitute Financial Debt Under Section 5(8) of IBC, 2016, and Are Enforceable Despite Timing and Stamping Objections.

The Supreme Court allowed the appeal filed by the Appellant Consortium against the order of the National Company Law Appellate Tribunal (NCLAT) which ...

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Supreme Court Allows Appeal in Arbitration Case Over Bank Guarantee Validity - High Court's Direction to Substitute Bank Guarantee Set Aside as Appellant Complied with Original Order for Scheduled Bank Located in India Under Arbitration and Conciliation Act, 1996.

The Supreme Court of India heard civil appeals arising from special leave petitions filed by SEPCO Electric Power Construction Corporation against Pow...

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Bombay High Court Dismisses Appeal Against Refusal to Restrain Bank Guarantee Invocation in Contract Dispute. No Fraud or Special Equities Established to Prevent ONGC from Encashing Bank Guarantees Furnished by Mercator Oil & Gas.

The appellant, Mercator Oil & Gas Limited, had entered into a contract with the first respondent, Oil & Natural Gas Corporation Limited (ONGC), for th...

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Bombay High Court Dismisses Appeals Against Refusal to Injunction Bank Guarantee Encashment in Arbitration Dispute. Court Holds That Fraud or Irretrievable Injustice Must Be Established for Injunction Against Bank Guarantees Under Section 9 of Arbitration and Conciliation Act, 1996.

The appellant, Felguera Gruas India Private Limited (FGIPL), entered into contracts with the first respondent, Tuticorin Coal Terminal Private Limited...

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Bombay High Court Dismisses Writ Petition Challenging Debt Recovery Appellate Tribunal Order in Bank Guarantee Dispute. The court held that the Debt Recovery Tribunal has jurisdiction to entertain claims for recovery of amounts due under bank guarantees, and the petitioner's challenge was without merit.

The petitioner, Gammon India Limited, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 28th September 2...

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Bombay High Court Dismisses Petition to Restrain Encashment of Performance Bank Guarantee in Arbitration Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted in cases of fraud or irretrievable injustice, which were not established.

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking ...