Indian Jurisprudence
The Delhi High Court considered a question relating to enforceability of LoC in Lucent Technologies Inc. vs. ICICI Bank Ltd. & Ors. [2009]. Relying on the principles laid down in various international judgments, the Hon’ble court was of a view that “the circumstances and documents do not indicate that the parties intended to create any legal relations. The very terms of the letter dated 13th September, 2000, the term sheet enclosed therewith and the response of the plaintiff as contained in letters of comfort dated 27th September, 2000 and 30th November, 2000 are a strong indicator in this regard. Both use phrases and concepts having clear technical legal significance and do not manifest any intent that a final and concluded contract had been entered into. In view of the above discussion, it, therefore, has to be held that the communications placed before this court do not contain the kind of assent required to make for a binding contract.” Therefore, the issuer was not under any financial obligation to pay any amount under the agreement between the borrower and the bank.
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