Supreme Court · 1995 INSC 572 · Decided 13 September 1995

Larsen and Toubro LTD. v. Maharashtra State Electricity Board and ORS.

Court
Supreme Court of India
Citation
1995 INSC 572 · [1995] SUPP. 3 S.C.R. 615
Case number
CIVIL APPEAL No. 8254/1995
Decided
13 September 1995
Bench
J.S. VERMA, K.S. PARIPOORNAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Arbitration Act Section 41

Headnote

Civil Procedure Code, 1908, Order-39, Rules I and 2-Bank Guaran­ tees-Fumished under the contract Injunction against invocation of-A con­ fi1med bank guarantee can not be inte1f ered with, unless there is an established fraud and iJTetrievable injustice involved in the case. A contract was against advance, performance, two guarantees for partial release of retention money and security against liquidated damages. A B c D As per contract clauses, after taking trial and performance test, the Plant was taken over by the respondent Electricity Board and a taken over certificate

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