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Madras High Court Allows Bank's Appeal in Bank Guarantee Invocation Dispute — No Fraud or Irretrievable Injustice Established. Bank Guarantee Cannot Be Restrained Except in Cases of Fraud or Irretrievable Injustice Under Contract Law Principles.

The second defendant bank (Canara Bank) filed a second appeal against the judgment and decree of the first appellate court, which had directed the ban...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Supreme Court Dismisses Appeal Against Initiation of CIRP Against Corporate Debtor Despite Payment by Guarantor's Resolution Applicant. Right of Subrogation Under Section 140 of Indian Contract Act, 1872 Not Available Where Resolution Plan Extinguishes Guarantee and No Payment of Entire Debt.

The case involves an appeal against the initiation of Corporate Insolvency Resolution Process (CIRP) against the 2nd respondent, Gujarat Hydrocarbon a...

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Bombay High Court Allows Appeal Against Injunction on Bank Guarantee Invocation in Contract Dispute. Bank Guarantee is Independent Contract; No Fraud or Irretrievable Injustice Shown.

The appellant, VKE Plumbing Private Limited, was awarded a contract by respondent No.1, Blue Ridge Hotels Private Limited, for plumbing and fire fight...

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Bombay High Court Allows Appellant to Invoke Bank Guarantee in Arbitration Dispute Over Supply Contract. Court Permits Receipt of Amount Subject to Undertaking to Repay with Interest at 12% per Annum if Arbitral Tribunal Orders.

The appellant, Rashtriya Chemicals & Fertilizers Ltd., a Government of India Undertaking, placed a purchase order on 8 November 2011 with the responde...

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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Tender Cancellation Dispute. Court holds that the plaintiff has a prima facie case and balance of convenience in its favor regarding the cancellation of tender acceptance and forfeiture of earnest money.

The appellant, Sunil Mantri Realty Limited, filed an appeal against the order dated 29.09.2009 passed by the learned Joint Civil Judge Senior Division...

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Supreme Court Upholds Assessee's Right to Carry Forward Loss as Vocation Income Under Income-tax Act, 1922. Hold that Decision on Loss in Previous Year Not Binding on Subsequent Year's Officer Under Section 24(2).

The assessee, Manmohandas, was appointed as Treasurer of a Bank in respect of certain branches, sub-agencies, and pay offices. During the previous yea...