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december 2015

Supreme Court of India · 2015-12-02

M/S ADANI AGRI FRESH LTD vs MAHABOOB SHARIF & ORS

Citation / case number
SC 2014/9037
Court
Supreme Court of India
Petitioner
M/S ADANI AGRI FRESH LTD
Respondent
MAHABOOB SHARIF & ORS
Author
JAGDISH SINGH KHEHAR
Bench
R. BANUMATHI JAGDISH SINGH KHEHAR

Judgment text excerpt

The Supreme Court held that the bank guarantees executed by the State Bank of Mysore in favor of M/s Adani Agri Fresh Ltd. are irrevocable and unconditional, emphasizing that the guarantor must pay upon demand without any objections, irrespective of any disputes between the parties. The Court clarified that the guarantees are enforceable even if the seller fails to perform under the agreement, thus upholding the contractual obligations as per the terms laid out in the guarantees. The appeal was allowed, affirming the enforceability of the bank guarantees.

M/S ADANI AGRI FRESH LTD vs MAHABOOB SHARIF & ORS · Niyam