Supreme Court of India · 2007-11-02
VINITEC ELECTRONICS PRIVATE LIMITED vs HCL INFOSYSTEMS LIMITED
- Citation / case number
- SC 2006/23791
- Court
- Supreme Court of India
- Petitioner
- VINITEC ELECTRONICS PRIVATE LIMITED
- Respondent
- HCL INFOSYSTEMS LIMITED
- Author
- Sudershan Reddy
- Bench
- B.SUDERSHAN REDDY ALTAMAS KABIR
Judgment text excerpt
The Supreme Court ruled that the invocation of a bank guarantee is contingent upon the fulfillment of preconditions specified in the underlying contract. In this case, the appellant, M/s. Vinitec Electronics, argued that the respondent, HCL Infosystem, could not invoke the bank guarantee due to non-payment of a balance amount of Rs.11,99,335/-. The Court upheld the lower courts' decisions, affirming that the bank guarantee was valid and enforceable as the respondent had fulfilled its payment obligations under the contract, thus allowing the invocation of the guarantee.