..... Do Justice in your case..!
Fraud must be in execution of contract of Guarantee (or L/C):
Para 9: It is settled law that the court, before issuing the injunction under Order 39, Rules 1 and 2, CPC should prima facie be satisfied that there is triable issue strong prima facie case of fraud or irretrievable injury and balance of convenience is in favour of issuing injunction to prevent irremedial injury. The court should normally insist upon enforcement of the bank guarantee and the court should not interfere with the enforcement of the contract of guarantee unless there is a specific plea of fraud or special equities in favour of the plaintiff. He must necessarily plead and produce all the necessary evidence in proof of the fraud in execution of the contract of the guarantee, but not the contract either of the original contract or any of the subsequent events that may happen as a ground for fraud.
|Home | Contact|
Designed and Maintained by DELHIADVOCATE. © 1999 - 2010 DELHIADVOCATE
Last Updated: 15 July 2010