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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MR JUSTICE SURAJ GOVINDARAJ, J
M/S NHDPL SOUTH PRIVATE LIMITED – Appellant
Versus
UNION BANK OF INDIA – Respondent
| Table of Content |
|---|
| 1. factual background regarding bank guarantees. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding the validity of email communication. (Para 7 , 8) |
| 3. court's analysis on the invocation of bank guarantees. (Para 9 , 10 , 11 , 13 , 14) |
| 4. email invocation is valid under it act. (Para 12) |
| 5. final order directing payment under bank guarantees. (Para 15) |
ORDER
1. The Petitioner is before this Court seeking for the following reliefs:
a. Issue a writ in the nature of certiorari to quashing the order dated 21.12.2020 (Annexure-G) passed by the 3rd Respondent rejecting the compliant of the petitioner and consequently, allow the complaint of the petitioner.
b. Issue a writ in the nature of Mandamus against the 1st Respondent directing it to invoke the bank guarantees 408101GL0001716 dated 20.7.2016 and No.408101GL0001816 dated 20.7.2016.
c. Issue such other writ, order or further relief, as this Hon’ble Court deems fit, to meet the ends of justice.
2. The petitioner claims to be engaged in the business of real estate development. One such project undertaken by the petitioner was the development of land situated at Sy.Nos.114 and 139 of Byrathi Village at Bidarahalli Hobli, Bangalo
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