SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2006 Supreme(Del) 442

BADAR DURREZ AHMED
V. V. GAUPTA – Appellant
Versus
NEW DELHI MUNICIPAL COUNCIL – Respondent


BADAR DURREZ AHMED, J.

( 1 ) THE learned counsel for the defendants 1 and 2 submits that this application can be taken up for disposal straightway and there is no necessity for filing a reply. The defendant No. 3 is the bank which had extended the bank guarantee in question.

( 2 ) THE counsel for the plaintiff pointed out that earlier, this court had, by an order dated 01. 03. 2006, disposed of IA Nos. 9251/2005 and IA No. 2458/2006 on the ground that those applications, which were applications where an injunction in respect of the same bank guarantee had been sought, were premature inasmuch as there had been no invocation of the bank guarantee by the defendants 1 and 2. He further pointed out that now an invocation letter has been issued by the defendants 1 and 2 on 01. 03. 2006 itself. According to the learned counsel for the plaintiff, this invocation letter is not in terms of the bank guarantee and, therefore, he is entitled to an injunction against the defendants from any payments being made consequent upon the invocation letter. The counsel for the defendants 1 and 2 submitted that the invocation letter of 01. 03. 2006 was in order.

( 3 ) IT would be necessary to examine the







Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top