Mapa mental
Bank Guarantee

Mind map: bank guarantee
Contenido del mapa
Bank Guarantee
Absolute undertaking to pay an amount, whenever demanded by guarantee-holder.
- Independent of underlying transaction.
Maharashtra SEB v. Official Liquidator, Ernakulam
- A guarantee was submitted on behalf of a supplier who had deposited securities.
- The only condition was a demand from the board, which was met.
- Held that bank could not be stopped from paying, and then reimbursing itself from the securities.
- If enforcement would depend on an inquiry, the purpose of a bank guarantee would be defeated.
- Held that bank could not be stopped from paying, and then reimbursing itself from the securities.
- The only condition was a demand from the board, which was met.
- A guarantee was submitted on behalf of a supplier who had deposited securities.
Hindustan Steelworks Construction Ltd. v. Tarapore & Co.
- A bank guarantee is an independent and distinct contract between the bank and the beneficiary.
- Not qualified by the underlying transaction and primary contract.
- In case of unconditional bank guarantee, liability of bank is absolute.
- Not dependent on dispute or proceeding between beneficiary and the other party.
- Commitments from banks need to be honoured without interference from the courts.
- Courts interfere only in exceptional cases, where irretrievable injustice would be done if guarantee was encashed.
- Example - Fraud
- ex turpi causa non oritur actio
- Fraud unravels all.
- ex turpi causa non oritur actio
- Example - Fraud
- Courts interfere only in exceptional cases, where irretrievable injustice would be done if guarantee was encashed.
- A bank guarantee is an independent and distinct contract between the bank and the beneficiary.
Itek Corporation v. First National Bank of Boston
- In order to claim the exception because of fraud, evidence must be clear about the fraud, and the knowledge of the bank.
- It must be impossible for the guarantor to reimburse himself.
- Mere apprehension that the other party will not be able to pay is not enough.
Dai-Ichi Karkaria Ltd v. ONGC
- Law cannot allow a guarantee to be claimed by unscrupulous methods.
- Bank had used undue influence to make petitioner drop conditions from bank guarantee, the court did not allow enforcement.