letter of credit.
Therefore, the appellant wanted to invoke the force majeure clause
canceling April shipment for both the contracts. The respondent wrote ... letters of credit had
been opened and they are invoking the force majeure clause in these two
contracts, it obviously means that they
what is meant by "force majeure " with reference to its
history. The expression "force majeure " is not a mere
French version ... force majeure ", and even if this be the meaning, it is
obvious that the condition about "force majeure, " in the
agreement
However, on 18th March 2020, the Contractor invoked the Force
Majeure clause and sought further time to complete the Project. This was
however not acceptable ... ground of Force Majeure taken
in March, 2020 would have to be adjudged. The grounds taken to invoke the
Force Majeure clause are that
what is meant by "force majeure" with reference to its history. The expression "force majeure" is not a mere French version ... force majeure", and even if this be the meaning, it is obvious that the condition about "force majeure" in the agreement
relates to "force majeure". For facility, The said provision is extracted hereunder:
25. Force Majeure
(a) Non-Force Majeure Event:
An event ... days of force majeure will be payable to the contractor.
(iii) Termination Due to Force Majeure:
If any event of Force Majeure shall continuously impede
ground of Force Majeure taken in March, 2020 would
have to be adjudged. The grounds taken to invoke the
Force Majeure clause are that ... notified that the COVID-19 pandemic was a force
majeure occurrence. In effect, the force majeure
clause under the agreement immediately becomes
applicable
that in the
event a force majeure notice is not sent, the force majeure clause is unenforceable. The
term 'notice' in Clause ... force majeure' and, therefore, did not qualify as a 'notice' of force majeure, is patently
misconceived. The force majeure clause itself does
same and consequently direct the respondents to invoke/apply the Force
Majeure Clause and not to invoke the Security Deposit and Bank Guarantee
furnished ... which was an unforeseen situation. Therefore,
it would fall under ' Force Majeure Clause'.
11/80
https://www.mhc.tn.gov.in/judis
WPs29218
parties. The
decision of the Central Commission on temporary force
majeure or permanent force majeure is erroneous.
(ii) Even assuming the Appellant was in breach ... force majeure condition
under the BPTA entered into between the parties. The
decision of the Central Commission on temporary force
majeure or permanent force majeure
performed prior to the
occurrence of a Force Majeure Event.”
10. Re: Applicability of the force majeure clause: The primary
issue for our consideration ... govern the law on force majeure. When
the contract contains an express or implied force majeure clause,
it is governed under Chapter
