Search Results for "performance guarantees"

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Search Results for "performance guarantees"

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Supreme Court

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.

28 Apr 2026

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

High Court

High Court Quashes FIR Against Bank Officials and BGR Energy Executives in Bank Guarantee Dispute -- No Criminal Intent Found in Commercial Transaction Under IPC Sections 420, 403, 406, 418, 425, 427 read with 34

23 Feb 2026

The High Court quashed an FIR registered against bank officials and company executives alleging criminal offences in connection with bank guarantee tr...

High Court

Bombay High Court Dismisses Writ Petition Challenging Termination of Railway Contract for Submission of Forged Bank Guarantees. Court upholds termination based on petitioner's failure to provide substantive reply despite multiple opportunities, and holds that writ jurisdiction is not appropriate for disputed questions of fact regarding forgery.

19 Dec 2024

The petitioner, M/s. K. K. Vidyut, a joint venture company, was awarded a contract by the respondents (Union of India and Central Railway officials) f...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Encashment in Commercial Contract Dispute. Court holds that invocation of unconditional bank guarantees must be honoured unless there is clear fraud or irretrievable injustice, and disputes over contract termination do not constitute fraud.

22 Mar 2022

The Appellant, Reliance Infrastructure Limited, entered into a contract with Respondent No.1, NLC India Limited, for the supply of coal under a Letter...

High Court

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.

2 Apr 2019

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

High Court

Bombay High Court Dismisses Appeal for Leave to File Appeal Against Judgment in Commercial Suit Due to Lack of Locus Standi and Unexplained Delay. The court held that the appellant, not being a party to the suit, had no right to challenge the judgment and that the delay of 120 days was not satisfactorily explained.

6 Sep 2018

The judgment concerns an application for leave to appeal and condonation of delay filed by Ahluwalia Contracts (India) Ltd. (ACIL) against a judgment ...

High Court

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.

10 Apr 2018

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

High Court

Bombay High Court Dismisses Petition to Restrain Encashment of Bank Guarantees in Arbitration Dispute — No Case of Fraud or Irreparable Injury Established. Court held that bank guarantees are independent contracts and injunction can only be granted in exceptional circumstances of fraud or special equity, which were not made out.

11 Jan 2018

The petitioner, Felguera Gruas India Pvt. Ltd. (FGIPL), filed six arbitration petitions under Section 9 of the Arbitration and Conciliation Act, 1996,...

High Court

High Court of Bombay Grants Interim Injunction Restraining Encashment of Bank Guarantees in Subcontractor Dispute. Fraud and Irretrievable Injustice Established as Grounds for Injunction Against Bank Guarantee Invocation Under Contract Law.

4 Feb 2014

The Plaintiff, ITD Cementation India Ltd., filed a suit seeking a restraint order against Defendant No.1, Reliance Infrastructure Limited, from demand...

High Court

Bombay High Court Grants Injunction Against Invocation of Bank Guarantees in Arbitration Dispute — Prima Facie Case of Fraud and Irretrievable Injustice Established. Court held that unconditional bank guarantees cannot be invoked where there is a clear fraud of which the bank has notice or where irretrievable injustice would result.

17 Jan 2013

The petitioner, M/s. ANCL & Co. (India) Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an injuncti...

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