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The HC dismissed the petition seeking enforcement of a bank guarantee nearly seven years after its expiry and renewal period. The petitioner failed to lodge any claim within the validity period, rendering the belated enforcement attempt untenable. The court interpreted the guarantee clauses in their entirety, finding that reliance solely on the "continuing guarantee" language was misplaced, especially given the non-obstante clause limiting such claims. The petition was deemed an impermissible attempt to enforce a stale contract, and writ jurisdiction was held inappropriate for this purpose. Consequently, the petition lacked merit and was dismissed.
The HC dismissed the petition seeking enforcement of a bank guarantee nearly seven years after its expiry and renewal period. The petitioner failed to lodge any claim within the validity period, rendering the belated enforcement attempt untenable. The court interpreted the guarantee clauses in their entirety, finding that reliance solely on the "continuing guarantee" language was misplaced, especially given the non-obstante clause limiting such claims. The petition was deemed an impermissible attempt to enforce a stale contract, and writ jurisdiction was held inappropriate for this purpose. Consequently, the petition lacked merit and was dismissed.
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