SANJIB BANERJEE
Sasan Power Limited – Appellant
Versus
G. S. Atwal & Co. – Respondent
Sanjib Banerjee, J.
The petitioner herein is justifiably aggrieved by the manner in which the trial court has approached a matter pertaining to an unconditional bank guarantee and the unnecessary adjournments granted by the trial court in allowing the plaintiff to enjoy an undeserving order.
2. An unconditional bank guarantee was furnished in favour of the petitioner herein for a sum in excess of Rs. 2.21 crore. The following two clauses of the bank guarantee are sufficient to understand the scope thereof and the obligation of the bank to pay upon a first written demand being made thereunder by the beneficiary:
"4. NOW THEREFORE, in consideration inter alia of the Owner granting the Suppliers the Contract, the Bank hereby unconditionally and irrevocably guarantees and undertakes, on a written demand, to immediately pay to the Owner any amount so demanded (by way of one or more claims) not exceeding in the aggregate Rs. 2,21,25,000.00 ( Rs. Two Crore Twenty-one lac Twenty-five thousand Only) without any demur, reservation, contest or protest and/or without reference to the Supplier and without the Owner needing to provide or show to the Bank grounds or reasons or give any jus
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