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Bombay High Court Dismisses Petition to Restrain Bank Guarantees in Construction Contract Dispute. Court holds that invocation of bank guarantees cannot be injuncted except in cases of fraud or irretrievable injustice, and no such case was made out.

The petitioner, Ahluwalia Contracts (India) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reli...

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Bombay High Court Dismisses Appeal Against Rejection of Section 9 Petition Seeking Injunction on Bank Guarantee Invocation. Performance Bank Guarantee Invocation Upheld as No Fraud or Irretrievable Injustice Established Under Contract Clause 4.2.

The appellant, Tata Projects Limited, was awarded a turnkey contract by respondent No.1, Hazel International FZE, for constructing a Chemical Storage ...

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Bombay High Court Dismisses Petition Challenging Cancellation of Tender Award for Non-Submission of Performance Bank Guarantee. Tender Conditions Requiring Strict Compliance with Time Limits for Furnishing Bank Guarantee and Letter of Acceptance Are Valid and Enforceable.

The petitioner, Proactive In & Out Advertising Pvt. Ltd., challenged the cancellation of a tender award by Pune Mahanagar Parivahan Mahamandal Ltd. (r...

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Bombay High Court Dismisses Execution Application for Interest on Arbitral Award During Pendency of Challenge — Bank Guarantee Furnished Under Supreme Court Order Constitutes Payment into Court Under Order 21 Rule 1 CPC

The case involves an execution application filed by Bhadani Associates (the claimant/decree-holder) seeking to enforce an arbitral award dated 16th Ja...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantees in Arbitration Dispute. Performance Guarantees Are Independent Contracts and Cannot Be Restrained Except in Case of Fraud or Irretrievable Injustice.

The appellant, M/s S. Satyanarayana & Co., a partnership firm, was awarded a contract by respondent no.1, M/s West Quay Multiport (Private Limited), f...

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Bombay High Court Dismisses Subcontractor's Petition to Restrain Invocation of Performance Bank Guarantee Under Section 9 of Arbitration Act. Bank Guarantee Held to Be an Independent Contract Between Bank and Beneficiary, Not Subject to Injunction Absent Fraud or Irreparable Injustice.

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

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Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act in Contract Dispute Over Reduced Supply Quantity and Performance Bank Guarantee. Court Restrains Invocation of Bank Guarantee and Coercive Steps Pending Arbitration, Finding Prima Facie Case of Contract Variation and Force Majeure.

The petitioner, Sanmit International FZE, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief again...

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NCLAT Dismisses Liquidator's Appeal Seeking Return of Bank Guarantees and Margin Money Post-Invocation. Bank Guarantee Invocation Extinguishes Both Margin Money and Bank's Liability, Liquidator Cannot Claim Refund.

The case involves an appeal by Mr. Rajendra Prasad Tak, the Liquidator of M/s. KVK Nilachal Power Pvt. Ltd. (Corporate Debtor), against an order of th...