Supreme Court · 2006 INSC 405 · Decided 6 July 2006
State Bank of India and ANR. v. Mula Sahakari Sakhar Karkhana LTD.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 405 · [2006] SUPP. 3 S.C.R. 320
- Case number
- CIVIL APPEAL No. 2801/2006
- Decided
- 6 July 2006
- Bench
- S.B. SINHA, P.K. BALASUBRAMANYAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 91, 92
Headnote
Contract: C Contract of indemnity and bank guarantee-Distinction between- Contract for purchase of paper plant-At the instance of supplier, Appel/an/­ bank executed document in favour of purchaser by reason whereof it kept the purchaser indemnified against all losses, claims, damages, actions found in a bank guarantee such as .. unconditional" and "absolute "-Nature of the D document-Held: Document constituted a contract of indemnity and not a bank guarantee-Evidence Act, 1872-Sections 91 & 92. Respondent entered unto a contract for purchase of paper plant. At
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