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1986 Supreme(Cal) 204

PRATIBHA BONNERJEA
M/S. BANERJEE AND BANERJEE – Appellant
Versus
HINDUSTHAN STEEL WORKS CONSTRUCTION LTD. – Respondent


Advocates Appeared:
A.C.BHABRA, Bhaskar Gupta, D.K.Bose, Debasis Bose, UTPAL BOSE

PRATIBHA BONNERJEA, J.

( 1 ) ORDER:- This is an application under S. 41 of the Arbitration Act for an Order restraining the respondent No. 1 from enforcing seven Bank guarantees for a total sum of Rs. 11,50,000/- furnished by the Bank of Madura Limited and the Indian Overseas Bank the respondents Nos. 2 and 3 herein, on behalf of the petitioner in favour of the respondent No. 1. These bank guarantees were given pursuant to the express terms of the contract dated 12-5-84 entered into between the petitioner and the respondent No. 1 for construction works in the Farakka Super power Thermal Project at Farakka. Out of the seven Bank guarantees, two are in lieu of security deposit and five are for securing mobilisation advance made by the respondent No. 1 to the petitioner.

( 2 ) THE respondent No. 3 Indian Overseas Bank issued two guarantees particular whereof are set out below : 1) LG/013/8/84 dated 15-5-85 for rs. 1,50,000/ -. 2) LG/013/12/84 dated 26-9-84 for rs. 1,00,000/- and the rest of these five Bank guarantees were issued by the Bank of Madura Limited, the respondent No. 2 herein, which were as follows: 1) LG/g/s/2/84 dated 7-3-84 for rs. 4,00,000/- 2) LG/g/s/5/84 dated 15-3-8































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