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july 2000

Supreme Court of India · 2000-07-21

O.N.G.C. LTD. vs S.B.I., OVERSEAS BRANCH, BOMBAY

Citation / case number
SC 1998/16661
Court
Supreme Court of India
Petitioner
O.N.G.C. LTD.
Respondent
S.B.I., OVERSEAS BRANCH, BOMBAY
Author
RAJENDRA BABU
Bench
S. Rajendra Babu,J.,S.N. Phukan,J.

Judgment text excerpt

The Supreme Court addressed the enforcement of a Bank Guarantee under Order XXXVII CPC, emphasizing that the contractor must provide a guarantee for liquidated damages within the stipulated time. The Court held that the unconditional nature of the Bank's guarantee allows the appellant to encash it without contest from the contractor. The appeal was allowed, affirming the right to enforce the guarantee as per the contract terms.

O.N.G.C. LTD. vs S.B.I., OVERSEAS BRANCH, BOMBAY · Niyam