VidhiSangh

Supreme Court of India · 24/08/2021

SEPCO ELECTRIC POWER CONSTRUCTION CORPORATION versus POWER MECH PROJECTS LTD.

[2021] 12 S.C.R. 259 · 2021 INSC 417

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Summary

The Bench differed on whether SEPCO had to replace a Rs 30 crore guarantee from ICBC’s Mumbai branch with one from a scheduled Indian bank. Banerjee J would allow the substantive appeal because SEPCO complied with the written order and no relevant deficiency in ICBC’s guarantee was established. Ramasubramanian J would decline interference because the same Judge had clarified an order founded on SEPCO’s own offer to furnish an Indian-bank guarantee. The common order directed placement before the Chief Justice for appropriate directions; it did not finally resolve the substantive appeal.

Issues

  1. Whether the written direction permitting a scheduled bank located in India could be clarified to require a scheduled Indian bank after compliance.
  2. Whether the guarantee’s validity and the issuing foreign bank’s scheduled status justified intervention in the interlocutory order.
  3. What disposition followed from the judges’ disagreement.

Provisions considered

Held

Result

Split decision; matter directed to be placed before the Chief Justice of India for appropriate directions, without an agreed final determination of the substantive appeal.

Judgment PDF: Supreme Court of India, [2021] 12 S.C.R. 259.