# In the matter of Runh Power Corporation ltd. Vs. Ind-Barath Power (Madras) Ltd. CA (AT) No. 641-2018

> NCLAT judgment dated 2018-10-25. Citation: TCN-2018-NCLAT-00074. Runh Power Corporation Ltd. filed an appeal against Ind-Barath Power (Madras) Ltd. The…

- **Court:** NCLAT
- **Order date:** 25 Oct 2018
- **Citation:** TCN-2018-NCLAT-00074
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/runh-power-corporation-ltd-vs-ind-barath-power-0207dd60

## Summary

### Background

Runh Power Corporation Ltd. filed an appeal against Ind-Barath Power (Madras) Ltd. The appellant's grievance is related to a bank guarantee given by the China Bank through Bank of Baroda, which has been ordered to be invoked by Axis Bank, allegedly against the provisions of law. The appellant is also concerned about the said bank guarantee.

## Facts

Runh Power Corporation Ltd. filed an appeal against Ind-Barath Power (Madras) Ltd. The appellant's grievance is that a bank guarantee given by the China Bank through Bank of Baroda has been ordered to be invoked by the Axis Bank, which the appellant claims is against the provisions of law. The appellant is also concerned about the said bank guarantee. The court issued notice to the respondents and directed the appellant to provide email addresses for service. The invocation of the bank guarantee is subject to the decision of the appeal.

## Issues and analysis

### Issue 1: Whether the invocation of the bank guarantee by …

**Ratio:** The invocation of a bank guarantee must be in accordance with the terms of the guarantee

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**Reasoning:** The court is considering whether the invocation of the bank guarantee by Axis Bank was in

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**Interpretation:** The legal issue revolves around the interpretation of the terms of the bank

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**Application:** The court will apply the ratio to the specific facts of the case, examining the

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Runh Power…
- **Respondents:** Ind-Barath Power…
- **Advocates:** Anannya…; Anshuman…; +3 more

## Timeline

- **2018-10-25 — Order Da…**: The grievance of the Appellant is that the bank guarantee given by the China Bank through…
- **2018-10-26 — Filing De…**: Requisite along with process fee, if not…

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