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DELHI HIGH COURT
AMIT BANSAL
Satish Kansal – Appellant
Versus
Synergy Tradeco NV – Respondent
JUDGMENT
[VIA VIDEO CONFERENCING]
Amit Bansal, J. (Oral)
IA No.719/2022(for exemption)
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
IA No.720/2022(u/S. 12A of the Commercial Courts Act, 2015)
3. For the reasons stated in the application, the same is allowed.
IA No.718/2022(u/O.XXXIX R.1&2 CPC)
4. By way of the present application under Order XXXIX Rule 1 & 2 of the Code of Civil Procedure, 1908 (CPC), the plaintiff seeks restraint order against payments to the defendant no.1 of amounts covered under the Letter of Credit (LC) No.027LC01212850007 dated 12th October, 2021 and LC No.027LC01212600008 dated 24th September, 2021, which are due for payments on 17th January, 2022 and 28th January, 2022 respectively.
5. Notice in the said application was issued on 14th January, 2022 and parties were asked to file short submissions. Short submissions have been filed on behalf of the defendant no.2/HDFC Bank.
6. None appears on behalf of the defendant no.1.
7. The case of the plaintiff is that sale orders for certain goods/materials were placed by the plaintiff on 13th September, 2021 and 5th October, 2021 with the defendant no. 1 and Letters of C
Judicial interference in payments under Letters of Credit is only permissible in cases of egregious fraud or irretrievable injustice, with defects in goods representing a breach of contract but not g....
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The scope and ambit of exercise of power and jurisdiction by a High Court under Article 227 of the Constitution of India is examined and explained in a number of decisions of this Court. The exercise....
The obligation of a bank guarantee is independent of underlying contractual disputes, and interference is justified only in cases of fraud or irretrievable injustice.
Expression “entertain” means to consider by application of mind to the issues raised. The Court entertains a case when it takes a matter up for consideration. The process of consideration could conti....
Point of Law : Work Contract - Rate of further interest, in the absence of the contractual rate, shall not exceed the rate on which moneys are lent or advanced.
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