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KrishnaRao (Construction)     07 December 2016

Can the bg extension possible after expiry period?

Hello Members !

The Bank Guarantee of my friend has been sent for extension before expiry of the BG period. The Bank has to extend the BG on or before 31st January as the BG period will END by 31st January. But the Bank has extended the same on 3rd February. My questions are: Whether the BG will be in live even after the date of expiry, though the defaulter is BANK in this case, as it has FAILED in extending the same within the Lien Period. 

Whether the Bank can extend a BG, which was dead by 31st january with retrospective effect rom February 1st onwards on 3rd February? Whether the Bank can extend the BG in such circumstances, without the permission of the Applicant and in negation of the Applicant? (The beneficiery has not invoked the Bank Guarantee).
 



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 5 Replies

adv.bharat @ PUNE (Lawyer)     07 December 2016

No bank can't do it without applicant permission or written consent.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 December 2016

Extention can be considered. But applicant must inform through an application.

Law Aspire (Legal)     07 December 2016

I dont think that retrospective effect can be given in case of renewal of BG

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     13 December 2016

Dear Krishna Rao,

Generally, the date of receipt of application for extension of BG, itself is the date of considering the application for extension of BG even though the letter of extension is made on subsequent date after the expiry of BG. 

Only basing on written application of Applicant, who seeks for providing Bank Guarantee only, the extension of BG will be considered otherwise, the same gets lapse.

KrishnaRao (Construction)     13 December 2016

Dear Narasimha Rao garu

 

The BG can be extended only at the instruction of the Applicant. Roght!

If the beneficiary  demands to extend the BG in right time also, i.e. prior lapse of the BG, and if the applicant deny the extension, and if the Bank extends the same for 3 months period as per the wish of the beneficiery, that too after the  lapse of BG time, whether such BG will be a valid one?

For the beneficiary, it will be a valid BG. No doubt, because the Bank has taken the responsibility.

The Applicant also demands the Bank itself  has to take the responsibility of the said WRONGLY EXTENDED BG.

The Beneficiary has NOT issued orders as "either to extend or encash". He has asked ONLY to extend the BG. Hence the Bank cannot encash the BG. As the Applicant denied to extend the same, the Bank cannot extend the same. 

Then why the Bank has EXTENDED the Bank Guarantee?!

There is a Court order on the said BG as "STATUS QUO". 

"Status quo" means let a thing be in its' existing condition where both the parties are supposed to maintain the status BG in same condition as it is found on the suit date.

The Applicant has interpreted the term as NO CHANGE IN THE PRESENT POSITION and considered extension will be a CHANGE.

The Bank has interpreted it to maintain the PRESENT POSITION means keeping the BG alive. 

1. In this circumstances, (where the BG currency date was LAPSED) whether the Bank can extend the BG? Even the stand of the Bank is CORRECT to extend the BG, it has to extend the same when the BG was in LIVE.

2. When the BG was dead by the expiry date, and when the Applicant has not given instruction, can the Bank extend the said BG from a Back Date? Upon the request of the Applicant, it can extend the BG with back date also; even after expiry. But when the applicant denied to extend, and the data has been expired (by mistake), whether the Bank has the legal right to extend the BG?

3. Even after lapse of the BG time also, it can put the same in SUSPENSION, awaiting the final court order, with a NOTE to the Applicant.  If the court instructs to extend or encash, then it can follow the court order!

4. But the Bank has extended the same on its own iniitiative, for 3 Months, without the applicant's node, and without the specific court order, after the LAPSE OF THE BG PERIOD. 

Can the Bank do that? Can it correct its mistake at the cost of the Applicant? 

I solicite your exemplary opinion.

Thank You

 

Krishna Rao

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