Atlanta Infrastructure Ltd.
Versus
Delta Marine Company Ltd and others
Civil Procedure Code, 1908, Order 41, Rule 27 - Evidence Act, 1872, Section 45-suit against encashment of bank
guarantee - Additional evidence with objective of Signature comparison - Held, bank guarantee is independent contact, there is a limited scope for interference in case of encashment of bank guarantee - One of reason for interference could be egregious fraud - Fraud must be relatable to bank guarantee - Respondent admits that what he was trying to show is that signatures of officers of appellant on documents do not match with vakalatnama or some other documents which would in turn show that appellants acting fraudulently in different matter However, nothing to do with issue relating to signatures of representatives of appellant, which they do not deny Therefore, order rejecting application for production of additional documents set aside.
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