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january 2012

Supreme Court of India · 2012-01-13

PUNJAB & SIND BANK vs M/S. C.S. COMPANY .

Citation / case number
SC 2003/24809
Court
Supreme Court of India
Petitioner
PUNJAB & SIND BANK
Respondent
M/S. C.S. COMPANY .
Author
RANJANA PRAKASH DESAI
Bench
RANJANA PRAKASH DESAI SWATANTER KUMAR

Judgment text excerpt

The Supreme Court upheld the decision of the Kerala High Court, which had allowed the appeal of the defendants against the plaintiff-bank's suit for recovery of money. The Court found that the defendants had taken a dishonest stand to evade their liability under the Bank Guarantee issued by the plaintiff-bank as per the terms of the Deed of Indemnity and Guarantee dated 11/5/1983. The Court emphasized the binding nature of the indemnity agreement and confirmed the plaintiff-bank's right to recover the amount due under the guarantee.

PUNJAB & SIND BANK vs M/S. C.S. COMPANY . · Niyam