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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

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

Pankaj Mehta & Ors vs M/S Ansal Hi-Tech Townships Limited on 1 April, 2024

105. The Appellant, adverts to the `Judgment' dated 29.05.2020 of the Hon'ble High Court of Delhi in Halliburton Offshore Services Inc. v. Vedanta Limited & Anr. [vide OMP (I) (Comm.) No. 88 / 2020], wherein, it is observed that `every breach or non-performance', cannot be justified or excused merely on the invocation of Covid-19 as a `Force Majeure' condition. Further, it is observed that `the particular Court would have to assess the conduct of the Parties prior to the outbreak and whether, genuinely, a Party was prevented or is able to justify its non-performance due to the epidemic / pandemic.
National Company Law Appellate Tribunal Cites 45 - Cited by 0 - Full Document

Isherdas Sahni And Bros vs Impresario Entertainment And ... on 12 March, 2024

49. This Court in the case of M/s Halliburton Offshore Services Inc. Vs. Vedanta Limited & Anr. in OMP (I) (COMM) decided on 20.04.2020 observed that the countrywide lockdown, which got imposed on 20 th March Signature Not Verified Digitally Signed CS (COMM) 274/2020 Page 20 of 36 By:VIKAS ARORA Signing Date:15.03.2024 18:01:30 2020 was not only unprecedented but was also incapable of being predicted by either of the parties, and was in the nature of force majeure.
Delhi High Court Cites 10 - Cited by 0 - N B Krishna - Full Document
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