Supreme Court of India · 2002-04-12
State Bank Of Saurashtra vs M/S Ashit Shipping Services P. Ltd. & Anr
- Citation / case number
- AIR 2002 SUPREME COURT 1993
- Court
- Supreme Court of India
- Petitioner
- State Bank Of Saurashtra
- Respondent
- M/S Ashit Shipping Services P. Ltd. & Anr
- Author
- S. N. Variava
- Bench
- Syed Shah Mohammed Quadri, S.N. Variava
Judgment text excerpt
The Supreme Court addressed the issue of jurisdiction and the nature of an indemnity bond in the context of a summary suit under Order 37 of the Code of Civil Procedure. The Court held that the 1st Respondent's claim was valid as the indemnity bond constituted a guarantee for the delivery of goods, and the absence of the bills of lading did not negate the Appellant's liability. The Court ruled in favor of the 1st Respondent, allowing the summary suit to proceed despite the Appellant's objections regarding jurisdiction and the need to prove loss.