KERALA HIGH COURT
P. A. Mohammed, G. Sivarajan, JJ.
M/s. Geo-Tech Constructions Co. Pvt. Ltd. – Appellant
Versus
M/s. Hindustan Steel Works Construction Ltd. – Respondent
| Table of Content |
|---|
| 1. dispute involves bank guarantees and performance contract. (Para 1 , 2 , 3) |
| 2. arguments concerning indemnification and liability under welfare fund contribution. (Para 4 , 10) |
| 3. court's analysis of bank guarantees' sanctity and contract obligations. (Para 5 , 7 , 11 , 12) |
| 4. conditions for granting injunctions against bank guarantees. (Para 8 , 17 , 30) |
| 5. conclusion on the dismissal of appeal against injunction. (Para 28 , 36) |
1. The cardinal dispute for adjudication in this appeal revolves around the invocation of Bank guarantees executed in terms of an agreement for performance of a works contract. The question is whether the appellant is entitled to a temporary injunction restraining the respondents from enforcing the Bank guarantees executed by the second respondent on behalf of the appellant in favour of the first respondent. The plaintiff, M/s. Geo-Tech Constructions Co. Pvt. Ltd. (hereinafter referred to as 'Geo-Tech') is the appellant and the first respondent M/s. Hindustan Steel Works Construction Ltd. (hereinafter called by acronym 'H.S.C.L.') is the first respondent in the suit. The State Bank of Travancore, M.G. Road Ernakulam is the second defendant. T
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