Supreme Court · 1996 INSC 807 · Decided 31 July 1996

Ansal Engineering Projects LTD. v. Tehri Hydro Development Corporation LTD. and ANR.

Court
Supreme Court of India
Citation
1996 INSC 807 · [1996] SUPP. 4 S.C.R. 226
Case number
SPECIAL LEAVE PETITION (CIVIL) No. 15878/1996
Decided
31 July 1996
Bench
K. RAMASWAMY, S. SAGHIR AHMAD, G.B. PATTANAIK (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Arbitration Act Section 20

Headnote

Arbitration Act, 1940: Ss. 20. and 41 read with Schedule II-Bank guarante&-Letter of ill­ vocation-Application by contractor for injunction to restrain the respondent Coporation fron1 invoking the bank guarantee contending that aniount due and payable should be detemiined-Held bank contract between bank and beneficimy and is not qualified by the underlying transaction and validity of p1in1a1y contract between the 11ar­ ties-U!lless fraud or special equity is pleaded and plima facie established by strong evidence as a lliable issue, beneficia1y cannot be

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