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july 2006

Supreme Court of India · 2006-07-06

STATE BANK OF INDIA vs MULA SAHAKARI SAKHAR KARKHANA LTD.

Citation / case number
SC 2005/23443
Court
Supreme Court of India
Petitioner
STATE BANK OF INDIA
Respondent
MULA SAHAKARI SAKHAR KARKHANA LTD.
Author
S.B. SINHA
Bench
P.K. BALASUBRAMANYAN S.B. SINHA

Judgment text excerpt

The Supreme Court addressed the contractual obligations between a cooperative society and M/s. Pentagon Engineering Pvt. Ltd. regarding a performance guarantee under the contract for a paper plant installation. The Court held that the cooperative society was entitled to invoke the bank guarantee despite Pentagon's claims of outstanding payments, as the terms of the contract and subsequent agreements clearly stipulated the conditions under which the guarantee could be called upon. The judgment reaffirmed the enforceability of bank guarantees in contractual disputes, emphasizing that the invocation of such guarantees does not require proof of the underlying dispute's resolution.

STATE BANK OF INDIA vs MULA SAHAKARI SAKHAR KARKHANA LTD. · Niyam