Suraj Vishwakarma
(Querist) 09 February 2016
This query is : Resolved
One of my friend has given a bank guarantee to a user for warranty of Product for period of 2 years. There were 2 Product supplied by him in a different year for same different guarantee was provided. Out of which One guarantee was fulfilled and same was withdrawn, Now when before the expiry of second Guarantee they raised the issue and wrote the letter to bank to release the payment. My friend inspected the product and with the photo he explained that the parts has been changed from machinery and it is a part of first machinery on which warranty has abolish. but they are not agreeing it and demanding to increase the warranty period for more two year.
Now he wanted to file an injunction suit in HC for stay on Bank Guarantee.
And if there is any other relief then please suggest. If you have an format then please send on email id. suraj7175@gamil.com
Guest
(Expert) 09 February 2016
Your friend should hire services of some lawyer to discuss the matter as awhole with referene to the contract documents for further necessary action.
Rajendra K Goyal
(Expert) 09 February 2016
Bank would honor the BG if no injunction is granted by the court.
Take services of some senior lawyer. Formats are not provided.
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