Responsibility of guarantor
Responsibility of guarantor 2024 C L C 1514 [Islamabad] Before Miangul Hassan Aurangzeb, J NATIONAL HIGHWAY AUTHORITY---Appellant Versus Messrs KAC-UCC JV and others---Respondents F.A.O. No.141 of 2023, decided on 2nd May, 2024. Specific Relief Act (I of 1877)--- ----Ss.42 & 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Suit for declaration and injunction---Interim injunction, refusal of---Performance guarantee---Encashment---Principle---Respondent / plaintiff was aggrieved of encashing of Performance Guarantee issued on its behalf in favour of appellant / defendant---Trial Court allowed interim injunction restraining encashment of Performance Guarantee furnished on behalf of respondent / plaintiff by insurance company---Validity---Rights and liabilities of parties in a contract of guarantee have to be determined strictly in accordance with terms and conditions of guarantee without recourse to underlined contract---Guarantee, whether captioned as a "bank gu...