Supreme Court · 1999 INSC 467 · Decided 8 October 1999
Hindustan Construction CO. LTD. v. State of Bihar and ORS.
- Court
- Supreme Court of India
- Citation
- 1999 INSC 467 · [1999] SUPP. 3 S.C.R. 554
- Case number
- CIVIL APPEAL No. 5856/1999
- Decided
- 8 October 1999
- Bench
- S. SAGHIR AHMAD, D.P. WADHWA (2-judge bench)
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, I908 : Order 39. Bank Guarantee-Nature of-Invocation there of-Grant of injunction C against-Bank guarantee was not unequivocal and unconditional-Held : Tenns of the bank guarantee are extremely material-If the bank guarantee is unequivocal and unconditional and recites court should not grant injunctiol't"'-But if the bank guarantee is conditional, the beneficiary cannot have an unfettered right to invoke the guarantee-In the circumstances of the D case, trial court justified in granting the injunction---<:ontract Act, 1872, S.126. Bank
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