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of <h1>Delhi High Court: Jurisdictional Limits in Bank Guarantee Dispute</h1> <h3>Bharat Heavy Electricals Limited Versus Electricity Generation Incorporation And Ors.</h3> Bharat Heavy Electricals Limited Versus Electricity Generation Incorporation And Ors. - TMI Issues Involved:1. Jurisdiction of the Court.2. Validity of the invocation of the Performance Bank Guarantee and Counter Guarantee.3. Allegations of fraud and unjust termination of the contract.Issue-wise Detailed Analysis:1. Jurisdiction of the Court:The primary contention revolves around whether the Delhi High Court has the territorial jurisdiction to entertain the suit. The defendants argued that the Counter Guarantee is governed by English law and the place of jurisdiction is the Commercial Court at London. The plaintiff admitted this in the plaint but argued that part of the cause of action arose in Delhi since the Counter Bank Guarantee was issued there. The Court referred to precedents, including 'South East Asia Shipping Co. Ltd. vs. Nav Bharat Enterprises Pvt. Ltd.' and 'Hellenic Electricity Distribution Network Operator vs. Bharat Heavy Electricals Limited,' to emphasize that the mere issuance of a Bank Guarantee in Delhi does not confer jurisdiction if the primary contract specifies another jurisdiction. The Court concluded that it lacks territorial jurisdiction, directing the plaint to be filed in the appropriate court.2. Validity of the Invocation of the Performance Bank Guarantee and Counter Guarantee:The plaintiff, BHEL, sought a declaration that the invocation of the Performance Bank Guarantee by EGI was fraudulent and void. BHEL argued that the contract termination by EGI was unjust and did not comply with the contractual terms, specifically citing the lack of proper notice and the delay caused by EGI itself. The Court noted that the Performance Bank Guarantee and the Counter Guarantee are independent contracts and must be honored as per their terms unless there is clear evidence of fraud or terms violation. The Court did not delve deeply into the validity of the invocation, as it determined that it lacked jurisdiction to adjudicate the matter.3. Allegations of Fraud and Unjust Termination of the Contract:BHEL claimed that the termination of the contract by EGI was fraudulent, as it did not receive the alleged notices and the delay was on EGI's part. The Court acknowledged these allegations but reiterated that such issues should be decided by the court with proper jurisdiction. The Court cited precedents like 'Hindustan Steel Works Construction Ltd. vs. Tarapore & Co.' and 'U.P. State Sugar Corporation vs. Sumac International Ltd.' to emphasize that courts should not interfere with the enforcement of bank guarantees unless there is clear evidence of fraud or irretrievable harm.Conclusion:The Court directed the plaint to be returned to be filed in the Court of competent jurisdiction, extending the interim order for 45 days to allow BHEL to approach the appropriate court. The applications by defendants AKBank and BoB challenging the jurisdiction were disposed of, and the application by BHEL seeking to amend the plaint was dismissed. The case underscores the principle that the jurisdictional clause in contracts, especially international ones, must be respected, and the independence of bank guarantees from the underlying contract disputes.
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