SOUMEN SEN,J. - (1.) The unconditional bank guarantee invoked by a letter dated 6th December, 2016 is resisted in this application filed by the petitioner on the ground that in terms of the request made by the respondent to renew the bank guarantee upto 6th December, 2016, the bank guarantee was renewed. Although the petitioner disputes the liability towards service tax but surprisingly without any intimation to the petitioner after filing the petition on 6th December, 2016, the said bank guarantee was invoked with a oblique motive disregarding the dispute raised by the petitioner with regard to their liability to pay the service tax.
(2.) The bank guarantee is an unconditional bank guarantee. The petitioner is not required to be informed before the invocation of the bank guarantee unless there is any requirement to that effect. The dispute is arising out of the contract with which the bank is no way connected or concerned.
(3.) Mr. Banerjee, learned senior counsel appearing on behalf of the petitioner does not dispute that the bank guarantee is unconditional but questions the motive behind the invocation of the bank guarantee.;