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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, J
A.Hari Bala Krishnan – Appellant
Versus
NLC India Limited – Respondent
| Table of Content |
|---|
| 1. challenge to invocation of bank guarantee based on contractual obligations. (Para 1 , 3 , 4) |
| 2. court's review of enforcement principles and terms of bank guarantees. (Para 2 , 8) |
| 3. argument against bank guarantee enforcement due to lack of non-performance report. (Para 5) |
| 4. bank guarantees are independent contracts; courts restrict interference. (Para 10 , 11) |
| 5. writ petition dismissed based on meritless claims. (Para 12) |
ORDER
This Writ Petition has been filed by the petitioner challenging the communication of the first respondent issued to the fourth respondent, dated 06.05.2019 and consequential order passed by the fourth respondent, dated 10.05.2019, thereby directing the petitioner to pay the balance amount of Rs. 1,03,00,000/-.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.The third respondent was allotted a contract to the tune of Rs.14,96,04,264/- for the construction of residential quarters, barracks, armoury and quarter guard building including electrification works for CISF in the second respondent site as per the contract dated 05.03.2016. The said validity was upto 19.11.2018. As per the award
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