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SUJANA KALASIKAM
Rolex Meters Pvt. Ltd. – Appellant
Versus
Maharastra State Electricity Distribution Co. Ltd. – Respondent
ORDER :
(Sujana Kalasikam, J.)
1. Civil Revision Petition No. 424 of 2023 is filed by the revision petitioner aggrieved by the order, dated 18.01.2023 passed in CMA.No.5 of 2018 by the I Additional Chief Judge, City Civil Court, Secunderabad reversing the order of Injunction passed in I.A. No.222 of 2016 in O.S. No.268 of 2016 by the I Junior Civil Judge, City Civil Court, Secunderabad.
2. Civil Revision Petition No. 425 of 2023 is filed by the revision petitioner aggrieved by the order, dated 18.01.2023 passed in CMA.No.4 of 2018 by the I Additional Chief Judge, City Civil Court, Secunderabad reversing the order of Injunction passed in I.A. No.223 of 2016 in O.S. No.269 of 2016 by the I Junior Civil Judge, City Civil Court, Secunderabad.
3. Civil Revision Petition No. 437 of 2023 is filed by the revision petitioner aggrieved by the order, dated 18.01.2023 passed in CMA.No.6 of 2018 by the I Additional Chief Judge, City Civil Court, Secunderabad reversing the order of Injunction passed in I.A. No.211 of 2016 in O.S. No.265 of 2016 by the I Junior Civil Judge, City Civil Court, Secunderabad.
4. Since the parties in all the Civil Revision Petitions as well as the issue involved in all the
The court upheld the exclusive jurisdiction clause in the contract, affirming that disputes related to bank guarantees must be adjudicated in Mumbai, not Secunderabad.
Territorial jurisdiction in arbitration agreements prevails over statutory provisions when parties explicitly state preferred jurisdiction in contracts.
The obligation of a bank guarantee is independent of underlying contractual disputes, and interference is justified only in cases of fraud or irretrievable injustice.
Bank guarantees can be invoked regardless of disputes, unless fraud or irretrievable harm is clearly established.
A bank guarantee is an independent contract, and its invocation must comply with its terms; disputes regarding underlying agreements should be resolved in civil court.
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