Allowed

lokhandwala construction industries Pvt. Ltd. v. taj lands end Ltd.

Bombay HC6 Dec 2005APP/1046/2005

Case brief

AI extract

What is this about?

The single judge appeal regarding a dispute over bank guarantees was heard and disposed of by consent. The court ordered one bank guarantee to be returned immediately and restrained its invocation, while allowing another to remain operative until 31.3.2006. No precedent was cited.

What did the court decide?

Return of bank guarantee No.2002/64 within two weeks with restraint on invocation for other guarantee retained until 31.3.2006.

lokhandwala construction industries Pvt… — Contract and Commercial Disputes | Bombay HC (2005)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE

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APPEAL NO.1046 OF 2005 IN NOTICE OF MOTION NO.1712 OF 2005 IN SUIT NO.1861 OF 2005

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Lokhandwala Construction Industries Private Ltd. Appellants vs.

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Taj Land End Limited & ors. Respondents

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Mr.H.J.Thakkar, Senior Counsel with Ms.Jinita Vadia, advocate i/b.M/s.D.H.Patil & Co. for the appellant.

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Mr.E.P.Bharucha, Senior Counsel with Mr.Cyrus Bharucha, advocate i/b.M/s.Mulla & Mulla for the respondent no.1.

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Mr.G.D.Utangale i/b.M/s.Utangale & Co. for the respondent no.2.

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CORAM : R.M. LODHA & D.G. KARNIK, JJ . DATED : 6th December 2005

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P.C.

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Heard.

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By consent, the appeal is heard and disposed of by

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the following order:

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That	the	bank	guarantee No.20	02/64	dated
6th	Decem	ber	2002 in relation	to	Excise
Claim	shall		be returned	by	the
respondent		no.1	to the app	ellant	within
two	weeks	from	today and	that	the

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respondent no.1 shall not invoke the

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said bank guarantee in the meanwhile.

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(ii)

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That	the	bank guarantee	No.2004/	63	shall
remain	operative	and hold	good	until	its
revalidity	pe	riod i.e. 31.3	.2006.		If
by th	at time,	there is no	demand	made	by
the	income	Tax Authority,	the	resp	ondent
no.1	shall	return the	said		bank
guarantee	to	the	appellant		duly
cancelled	within two	weeks from

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31.3.2006.

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(R.M.LODHA, J.)

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(D. G. KARNIK, J.)

lokhandwala construction industries Pvt. Ltd. v. taj lands end Ltd.

Case brief

What is this about?

What did the court decide?

lokhandwala construction industries Pvt. Ltd. v. taj lands end Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Coram

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