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1984 Supreme(Mad) 439

K.SHANMUKHAM, RAMASWAMI
Vinay Engineering – Appellant
Versus
Neyveli Lignite Corporation Limited and Another – Respondent


Advocates Appeared:K. K. Venugopal, C. Hanumantha Rao, Advocates.

Judgment :-

SHANMUKHAM J.

In these appeals, three common questions arise for consideration. They are : (1) Whether the three bank guarantees executed by the second respondent-bank in favour of the first respondent are independent contracts divorced from the contracts entered into between the appellant and the first respondent titled contract No. II ?

(2) Whether they are conditional or unconditional contracts ? and

(3) Whether the first respondent's demand on the second respondent-bank when the former sought to enforce the bank guarantees is in conformity with the terms contained in these guarantees ?

The appeals are directed against the common order of Maheswaran J. made in Applications Nos. 188 to 190 and 402 to 404 of 1983 dated April 30, 1983. In all these applications, the appellant was the applicant while respondents Nos. 1 and 2 were the respondents therein. OSA No. 8 5 of 1983 is against Application No. 403 of 1983 ; OSA No. 86 of 1983 is against Application No. 188 of 1983 ; OSA No. 87 of 1983 is against Application No. 189 of 1983 and OSA No. 88 of 1983 is against Application No. 404 of 1983. It may be noticed that no appeals were preferred against Applications Nos. 190 and 4































































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