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may 1997

Supreme Court of India · 1997-05-07

DWARIKESH SUGAR INDS.LTD vs PREM HEAVY ENGG. WORKS P.LTD

Citation / case number
SC 1996/79445
Court
Supreme Court of India
Petitioner
DWARIKESH SUGAR INDS.LTD
Respondent
PREM HEAVY ENGG. WORKS P.LTD
Author
K.S. PARIPOORNAN,K. VENKATASWAMI,B.N. KIRPAL
Bench
K.S. PARIPOORNAN,K. VENKATASWAMI,B.N. KIRPAL

Judgment text excerpt

The Supreme Court addressed the enforceability of bank guarantees in the context of a contract for the supply of equipment, emphasizing that the guarantor's obligation to pay is unconditional and irrevocable as per the terms of the bank guarantee. The Court held that the purchasers are the sole judges of any breach of contract, and the guarantor cannot contest the demand based on pending disputes. The appeal was allowed, affirming the right of the beneficiaries to encash the bank guarantees despite the seller's claims of breach.

DWARIKESH SUGAR INDS.LTD vs PREM HEAVY ENGG. WORKS P.LTD · Niyam