E.W. Information Systems Limited v Ayanthi De Silva and Others – CA INJ 04/2022-2022

In the case between E.W. Information Systems Limited and Ayanthi De Silva (Director General, Department of Project Management and Monitoring, Ministry of Finance) with others, the court addressed whether an injunction should be issued under Article 143 of the Constitution to restrain the respondents from acting upon or making payments under an Advance Payment Guarantee pending the petitioner’s prospective legal proceedings. It was determined that the guarantee, issued via a bank, is to be honored according to its terms unless established fraud is proved. The holding reaffirmed that judicial intervention against such guarantees requires clear evidence of fraud or exceptional circumstances. The decision relied on principles from the Civil Procedure Code and established case law relating to p

REF: CA INJ 04/2022-2022 Category: Tag:
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