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Documents citing M/S Haliburton Offshore Services Inc. vs Vedanta Limited & Anr. on 29 May, 2020

Sanjay Relan vs Cosmetic Kitchen Pvt Ltd Through ... on 1 August, 2024

46. Ld. Counsel for plaintiff in written submissions filed on record seems to have referred to wrong pagination. Reference was made to page 61 para 118 of of Tower Vision India Private Limited, page 63 para 119 and 120 and different paras and pages of M/s Halliburton Offshore Services Inc Vs. Vedanta Ltd. O.M.P. (1) (CMM) No. 88/2020, which pagination and para numbers were not correct. However judgments have been perused.
Delhi District Court Cites 36 - Cited by 0 - Full Document

Mytrah Vayu (Brahamputra) Private ... vs M/S. Solar Energy Corporation Of India ... on 18 March, 2024

Reliance was placed on the judgement of the Delhi High Court in M/s. Halliburton Offshore Services Inc. v. Vedanta Limited : OMP (I) (COMM) 88/2020 (Halliburton-1), to submit that the Delhi High Court had recognized that the restrictions imposed, pursuant to the outbreak of Covid-19, was a Force Majeure event, and created special equities in favour of the parties, and the Court had issued an ad interim order interdicting invoking or encashment of a bank guarantee issued in that case; reliance was also placed on the subsequent judgment dated 29.05.2020 passed in Halliburton - 2 to submitted that the Court had vacated the ad interim order, but had directed that the amount recovered be kept in a separate joint account.
Appellate Tribunal For Electricity Cites 48 - Cited by 0 - R Ranganathan - Full Document

M/S Trinity Constultants vs M/S Redefine Online Express Opc Prv Ltd on 27 September, 2023

48. Supreme Court in Halliburton Offshore Service Inc. v. Vedanta Limited, 2020 SCC OnLine Del 2068 has summarized the law laid down by the Supreme Court in Energy Watchdog (Supra) stating that Force Majeure operates within the ambit of Section 32 of the Contract Act if contained in a contract as contingency and would operate independently if not contained in the contract. Impossibility of the performance of contract takes place if the untoward event totally disrupts the foundation upon which the agreement was entered into. The Court held as follows:
Delhi District Court Cites 24 - Cited by 0 - Full Document

Sanjeevani Tradecorp vs Spraystream India Pvt. Ltd on 3 August, 2024

30. Plaintiffs thereafter sent reminders for refund of the amount followed by legal notice. Apparently, the doctrine of Frustration is not applicable in the instant case. It was the plaintiff who kept asking the time for performance of the contract. It is the settled position in law that 'Force Majeure' clause is to be interpreted narrowly and not broadly. Parties ought to be compelled to adhere to contractual terms and conditions and excusing non- performance would be only in exceptional situations. It is not in the domain of Courts to absolve parties from performing their part of the contract. It is also not the duty of Courts to provide a shelter for justifying non-performance. (M/s Halliburton Offshore Services Inc Vs. Vedanta Ltd. O.M.P(1) (CMM) No. 88/2020).
Delhi District Court Cites 15 - Cited by 0 - Full Document

M/S.Felicious Fresh Fruits Private ... vs The Managing Director on 26 April, 2022

8.8 In the present case, plot was allotted to the petitioner on 17.09.2018. The petitioner herein, after taking possession of the land, started filling up pits by taking sand from the nearby ponds and thereafter has raised compound wall. This has been admitted by the respondent in their counter affidavit. When the allotment of the plot was made granting 30 months time so as to implement the project, on completion of 18 months, the Government of India imposed Nation wide lock down on 20.03.2020 and the out break of pandemic has caused non- performance of the contract. Therefore, as per the judgment of the Hon'ble High Court of Delhi in M/S Haliburton Offshore Services Inc. vs Vedanta Limited & Another cited supra, followed by three orders passed by the Hon'ble Apex Court excluding the Covid 19 period, the out break of pandemic being the cause for non-performance of the contract, it is a fit case to exclude the corona Covid 19 period. Hence, in view of the above materials, the impugned order is liable to be set aside.
Madras High Court Cites 16 - Cited by 0 - V M Velumani - Full Document

M/S.Felicious Fresh Fruits Private ... vs The Managing Director on 26 April, 2022

8.8 In the present case, plot was allotted to the petitioner on 17.09.2018. The petitioner herein, after taking possession of the land, started filling up pits by taking sand from the nearby ponds and thereafter has raised compound wall. This has been admitted by the respondent in their counter affidavit. When the allotment of the plot was made granting 30 months time so as to implement the project, on completion of 18 months, the Government of India imposed Nation wide lock down on 20.03.2020 and the out break of pandemic has caused non- performance of the contract. Therefore, as per the judgment of the Hon'ble High Court of Delhi in M/S Haliburton Offshore Services Inc. vs Vedanta Limited & Another cited supra, followed by three orders passed by the Hon'ble Apex Court excluding the Covid 19 period, the out break of pandemic being the cause for non-performance of the contract, it is a fit case to exclude the corona Covid 19 period. Hence, in view of the above materials, the impugned order is liable to be set aside.
Madras High Court Cites 16 - Cited by 0 - V M Velumani - Full Document

H-Energy Private Limited vs Petroleum And Natural Gas Regulatory ... on 10 May, 2023

128. The Delhi High Court further held that the past non-performance of the Contractor cannot be condoned due to the COVID-19 lockdown in March 2020 in India; the Contractor was in breach since September 2019; opportunities were given to the Contractor to cure the same repeatedly; despite the same, the Contractor could not complete the Project; and the outbreak of a pandemic cannot be used as an excuse for non- performance of a contract for which the deadlines were much before the outbreak itself.
Appellate Tribunal For Electricity Cites 88 - Cited by 1 - Full Document
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