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july 2006

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.

State Bank Of India & Anr vs Mula Sahakari Sakhar Karkhana Ltd · Niyam