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1999 Supreme(Del) 83

S.N.KAPUR
DLF INDUSTRIES LIMITED – Appellant
Versus
HONG KONG AND SHANGHAI BANKING CORPORATION LIMITED – Respondent


Advocates Appeared:
A.M.SANGHVI, ARUN JAITLEY, J.C.SETH, RAHUL GUPTA, S.Bhartari

S. N. Kapoor, J.

( 1 ) THIS judgment shall dispose of three OMP No. 20/98, 21/98 and 22/98 and above-mentioned IAs therein for all the three OMPs and IAs relate to one original tender/contract, requiring different bank guarantees and seek injunction against encashment of bank guarantees and as such based on similar questions of facts and law.

( 2 ) RELEVANT facts relating to these OMPs are as under:

2. 2 M/s Atul Products Limited (now known as Atul Limited since 22/7/1998) invited tender for expansion of power project by setting up an 18 MW steam turbine generating set at their factory situated at Valsad on a turn-key basis. The tender of the petitioner was accepted. Respondent No. 3 issued a Letter of Intent dated 1/2. 2. 95 for a lumpsum price of Rs. 10 crores. However, the parties agreed to split the said Letter of Intent into three separate agreements for the purpose of performance guarantee and other guarantee. Respondent No. 3 claims to be entitled to enforce their rights in respect of all the three aeements equally and for that purpose the three agreements were to be treated as one agreement only. The project was to be successfully commissioned by 15/3/1996. Hower, time was e

































































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