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april 2002

Supreme Court of India · 2002-04-12

STATE BANK OF SAURASHTRA vs M/S ASHIT SHIPPING SERVICES P.LTD.

Citation / case number
SC 2001/8320
Court
Supreme Court of India
Petitioner
STATE BANK OF SAURASHTRA
Respondent
M/S ASHIT SHIPPING SERVICES P.LTD.
Author
S.N. VARIAVA SYED SHAH MOHAMMED QUADRI
Bench
S.N. VARIAVA SYED SHAH MOHAMMED QUADRI

Judgment text excerpt

The Supreme Court addressed the enforceability of an indemnity bond in the context of a delivery of goods without the presentation of bills of lading. The Court held that the indemnity bond, which included a guarantee from the Appellant Bank, was binding and enforceable despite the absence of the bills of lading, as the 1st Respondent had acted in reliance on the bond. The Court affirmed the lower court's decision to allow the summary suit under Order 37 of the Code of Civil Procedure, thereby upholding the claim of the 1st Respondent for the amount due under the indemnity.

STATE BANK OF SAURASHTRA vs M/S ASHIT SHIPPING SERVICES P.LTD. · Niyam