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.