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september 2016

Supreme Court of India · 2016-09-15

UNION OF INDIA vs M/S INDUSIND BANK LTD.

Citation / case number
SC 2011/18178
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
M/S INDUSIND BANK LTD.
Author
R.F. Nariman
Bench
ROHINTON FALI NARIMAN C. NAGAPPAN

Judgment text excerpt

The Supreme Court addressed the applicability of the 1997 Amendment to Section 28 of the Indian Contract Act, 1872, in the context of bank guarantees related to export contracts. The Court held that the amendment does not absolve the bank from its obligation to honor the guarantees despite the expiration of the stipulated period, thereby reinforcing the principle that contractual obligations must be fulfilled unless explicitly discharged. The appeals by the Union of India were dismissed, affirming the lower court's decision in favor of the exporters.

UNION OF INDIA vs M/S INDUSIND BANK LTD. · Niyam