Supreme Court of India · 2006-07-06
State Bank Of India & Anr vs Mula Sahakari Sakhar Karkhana Ltd
- Citation / case number
- AIR 2007 SUPREME COURT 2361
- Court
- Supreme Court of India
- Petitioner
- State Bank Of India & Anr
- Respondent
- Mula Sahakari Sakhar Karkhana Ltd
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court addressed the enforceability of a bank guarantee in the context of a contract between a cooperative society and a contractor, Pentagon Engineering Pvt. Ltd., under the Indian Contract Act, 1872. The Court held that the invocation of the bank guarantee was valid despite the contractor's claims of non-liability, emphasizing that a bank guarantee is an independent contract and does not require proof of loss or damage by the beneficiary. The Court upheld the cooperative society's right to invoke the bank guarantee, thereby affirming the enforceability of such guarantees in contractual disputes.