BSES LTD Vs. FENNER INDIA LTD
LAWS(SC)-2006-2-63
SUPREME COURT OF INDIA
Decided on February 03,2006

BSES LTD. (NOW RELIANCE ENERGY LTD.) Appellant
VERSUS
FENNER INDIA LTD. Respondents

JUDGEMENT

Srikrishna, J. - (1.) Leave granted.
(2.) This is one more instance of an injunction being sought against a beneficiary seeking to enforce his/her rights under a bank guarantee, albeit with a novel averment that "lack of good faith" or "enforcing with an oblique purpose" constituted further exceptions to the general rule against intervention.
(3.) The Facts M/s Godavari Sugars Ltd. awarded a contract for a captive power plant to M/s BSES Ltd. (now Reliance Energy Ltd.) (hereinafter "the Appellant"). The Appellant, in turn, awarded a part of that work to M/s Fenner India Ltd. (hereinafter "the First Respondent"). In connection with this, the Appellant issued to the First Respondent, four work orders/purchase orders, as follows: "(i) Work Order No. 2245 dated 15-3-2000/ 4-5-2000 for a sum of Rs.70,00,000/-... (ii) Work Order No. 2246 dated 15-3-2000/ 4-5-2000 for a sum of Rs.5,57,00,000/-.... (iii) Work Order No. 2247 dated 15-3-2000/ 4-5-2000 for a sum of Rs.90,00,000/-... (iv) Work Order No. 2248 dated 15-3-2000/ 4-5-2000 for a sum of Rs.50,00,000/-..." ;


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