Q: Elaborate the citation of Mahatma Gandhi Sahakra Sakkare vs National Heavy Engg. Coop. Ltd. on 11 July, 2007 ?
Ans:
Mahatma Gandhi Sahakra Sakkare vs National Heavy Engg. Coop. Ltd. on 11 July, 2007
The honourable Supreme Court said that on careful analysis of the terms and conditions of the guarantee, we find the guarantee to be an unconditional one. The respondent, therefore, cannot be permitted to raise any dispute and prevent the appellant from encashing the bank guarantee.
For all the aforesaid reasons, the honourable Supreme Court hold that the respondent herein did not make out any case for grant of injunction restraining the appellant herein from encashing the bank guarantee.
The honourable Supreme Court stated held the contract to be unconditional and refused to grant injunction.
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