Supreme Court · 1996 INSC 39 · Decided 9 January 1996
State of Maharashtra and ANR. v. M/S. National Construction CO., Bombay and ANR.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 39 · [1996] 1 S.C.R. 293
- Case number
- CIVIL APPEAL No. 1497/1996
- Decided
- 9 January 1996
- Bench
- A.M. AHMADI, S.C. SEN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 11
Headnote
STATE OF MAHARASHTRA AND ANR. v. MIS. NATIONAL CONSTRUCTION CO., BOMBAY AND ANR. JANUARY 9, 1996 [A.M. AHMADI, CJ. AND S.C. SEN, J.] Code ~f Civil Procedure, 1908 : Section 11-Principle of res judicata--Applies only if the matter di­ rectly and substantially in issue in former suit has been suit based on distinct cause of action--Held not barred. Contract-Bank guarante~bligation of bank to honour. In a contract between the appellant-State and the Respondent­ Company, the second respondent, the Central Bank of India, executed a performance guarantee. Under the terms of the
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