Supreme Court · 2003 INSC 249 · Decided 22 April 2003
Punjab National Bank v. Indian Bank and ANR.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 249 · [2003] 3 S.C.R. 836
- Case number
- CIVIL APPEAL No. 7072/2001
- Decided
- 22 April 2003
- Bench
- BRIJESH KUMAR, B.N. SRIKRISHNA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 6
Headnote
Code of Civil Procedure, 1908; Order 6 Rule 17 r/w Section 151: Contract between Indian firm and foreign firm-Loan taken by Indian C firm ji·om foreign firm against bank guarantee-Enforcing of bank guarantee by the assignee bank on repudiation of the contract-Denial to encash bank in foreign currency-Amendment allowed by Debt Recove1y Tribunal-Reversed by the High Court-On appeal, D Held: Since there has been indication of demand in foreign currency in the Plaint, there lies a claim for recove1y in foreign currency-Vagueness in the averments for such claim and decree in
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