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2007 Supreme(AP) 570

P.S.NARAYANA
RASHTRIYA ISPAT NIGAM LIMITED, VISAKHAPATNAM – Appellant
Versus
P. JAYANTILAL AND COMPANY PRIVATE LTD – Respondent


( 1 ) THIS Court on 19. 06. 1998 made the following order:

"admit on substantial questions of law raised in ground Nos. 1 to 4". The substantial questions of law raised in ground Nos. 1 to 4 are as hereunder: 1. Whether the courts below are correct in granting injunction from invoking the bank guarantee till the disposal of the arbitration proceedings between the parties?

2. Whether the courts below can grant injunction from invoking the bank guarantees in the absence of any plea or proof relating to fraud or coercion by the appellantd2, as held by the Hon'ble Supreme Court in a catena of decisions?

3. In view of the specific clause in the contract empowering the Appellant/d2 to recover money due in one contract from any other contract between the same parties, whether the courts below are correct in giving weightage to the fact that the works relating to the bank guarantee Nos. 7282 and 7283 are completed as per the terms and conditions and hence the injunction against the said guarantees is granted till the completion of arbitration proceedings?

4. Whether the lower appellate Court is correct in disposing of the appeal without framing an appropriate point for consideration?

( 2 ) IN




































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