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16/04/2026
  • Law

Unconditional Bank Guarantee

advtanmoy 16/12/2018 1 minute read

© Advocatetanmoy Law Library

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In the case of Hindustan Steelworks Construction Ltd.(AIR 1996 SC 2268 )  the Supreme Court stated the principle that in case of an unconditional bank guarantee, the nature of obligation of the bank is absolute and not dependent upon any dispute or proceeding between the party at whose instance the bank guarantee is given and the beneficiary. The only two exceptions were – fraud, which was not pleaded in that case, and the other was special equities. Special equities were claimed on the basis as to who had committed breach of the contract. Determination of disputes was stated to be not a factor which would be sufficient to make the case as exceptional case justifying interference by the court restraining invocation of the bank guarantee.

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