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Search Results for "bank guarantees"

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High Court

Bombay High Court Allows Petitioner's Petition for Extension of Bank Guarantee Pending Challenge to Arbitral Award — Section 9 of Arbitration and Conciliation Act, 1996. Post-award interim protection can be granted under Section 9 to preserve the subject matter of arbitration pending challenge to award.

15 Jun 2026

The petitioner, Oil and Natural Gas Corporation Limited (ONGC), filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seekin...

Supreme Court

Supreme Court Dismisses Appeals by Appellants -- Upholds Committee of Creditors' Approval of Sarda Energy and Minerals Limited's Resolution Plan Under Insolvency and Bankruptcy Code, 2016 -- Doctrine of Commercial Wisdom Affirmed in Insolvency Resolution

27 Feb 2026

The Supreme Court upheld the approval of a Resolution Plan by Sarda Energy and Minerals Limited (SEML) for SKS Power Generation (Chhattisgarh) Ltd. un...

High Court

Bombay High Court Allows Petition to Refer Dispute to Arbitration in Bank Guarantee Case — Arbitration Agreement Survives Despite Non-Signature of Work Order. The court held that an arbitration agreement need not be signed if there is sufficient evidence of mutual acceptance, and the work order was acted upon by both parties.

30 Sep 2020

The petitioner, M/s Indo Unique Flame Ltd., filed a writ petition challenging the order dated 18th January 2018 passed by the Commercial Court, Nagpur...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Invocation in Development Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted on grounds of fraud or irretrievable injustice, not mere breach of underlying contract.

12 Aug 2020

The appeal arose from a commercial suit where the appellant, Kryshnajay Developers Pvt. Ltd., sought a temporary injunction to restrain the respondent...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Encashment in Commercial Dispute. No Case of Fraud or Irretrievable Injustice Made Out to Restrain Bank Guarantee Invocation Under Contract Law Principles.

22 Mar 2017

The appeal arises from an order of the learned Single Judge refusing to grant an injunction restraining the respondent from encashing a bank guarantee...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Contract Dispute — Upholds Award on Most Claims but Sets Aside Interest Rate. Dispute arose from delays in crude distribution system project; court held that arbitrator's findings on delay and damages were not perverse but interest rate of 18% was excessive and reduced to 9%.

30 Oct 2015

The petitioner, Indian Oil Corporation Ltd., challenged an arbitral award dated 30 June 2005 under Section 34 of the Arbitration and Conciliation Act,...

High Court

Bombay High Court Dismisses Section 9 Petition Seeking Injunction Against Sale of Property in Arbitration Dispute — No Prima Facie Case for Interim Relief as Disputed Claims Require Full Trial. The court held that the petitioner failed to establish a prima facie case or balance of convenience for interim injunction under Section 9 of the Arbitration and Conciliation Act, 1996, as the claims for unpaid bills and extra work were disputed and the property was not specifically linked to the contract.

21 Aug 2015

The petitioner, Acron Developers Private Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reli...

High Court

Bombay High Court Allows Bank's Petition for Commission on Guarantees Issued to Court — Canara Bank Entitled to 3% Commission on Guarantees in Favour of Prothonotary and Senior Master. The court held that a bank issuing guarantees at the request of a customer is entitled to commission as per its standard terms, and the Debt Recovery Appellate Tribunal erred in denying such commission.

6 May 2014

The petitioner, Canara Bank, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, filed a wr...

High Court

Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in Arbitration Dispute. Court holds that no part of cause of action arose within its jurisdiction as contract was executed and performed in Chennai, and arbitration venue was Chennai.

16 Oct 2012

The petitioner, M/s. Roman Tarmat Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an injunction restrain...

High Court

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.

4 May 2012

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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