JUDGMENT

Gopal Sri Ram JCA:

[1] I too would dismiss this appeal. But for reasons different from those given by my learned brother Suriyadi in his judgment. The appellant must, in my opinion, fail on the point of construction of the relevant endorsement which reads as follows:

This guarantee will expire on 14th June 1991. Claims, if any, must be received on or before this date.

[2] In my judgment, what the first sentence in this endorsement means is this. The appellant will be liable on the guarantee until 14 June 1991. If anything happens after that date no liability attaches. Next, what does the second sentence mean? It may mean one of three things. It may mean that the respondent must file its action against the appellant before 14 June 1991. Or it may mean that if there has been any breach by the contractor during the period expiring 14 June 1991, then the guarantee must be called upon on or before 14 June 1991. Or it may mean that the respondent may make a demand in respect of an event that occurred during the life of the guarantee and such demand may be made upon the appellant even after 14 June 1991.

[3] I do not think that the first meaning is correct. Assume that the eve