Niyam v2 is live — start for just ₹100 — 200 credits to try

november 2007

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.

VINITEC ELECTRONICS PRIVATE LIMITED vs HCL INFOSYSTEMS LIMITED · Niyam