VidhiSangh

Supreme Court of India · 18/12/2019

G H STANDARD CHARTERED BANK versus HEAVY ENGINEERING CORPORATION LTD. & ANR.

[2019] 15 S.C.R. 368 · 2019 INSC 1405

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Summary

The Bank’s appeal against a decree enforcing two guarantees failed. Although the initial demand was inadequate, later correspondence sufficiently invoked the guarantees for losses from defective or omitted supply and contractual performance. The guarantees were unconditional and no recognised exception was asserted; the Bank could not adjudicate the underlying merits once a compliant demand was made.

Issues

  1. Whether the guarantees were invoked in accordance with their terms.
  2. Whether the Bank could resist payment by disputing the underlying loss or its apportionment.

Held

Result

Appeal dismissed without costs. The decree for Rs.1,10,33,207 with 8% annual interest from institution of the suit until payment remained in force. Release of the deposited funds to the beneficiary was permitted, and the Bank must satisfy the decree. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 15 S.C.R. 368.