Motor Transport Congress
(Period of claim 20.07.2018 to
28.07.2018) - claimed under Force
Majeure Clause 15.1 (a) & (b) of
Contract dated 28.09.2017 vide letter ... both the
Letters Patent Appeals by holding that:
1). The Force Majeure clause stands invoked- w.e.f.
26.03.2020 in terms of OM dated
Clauses 17.4 & 17.5 have to be read conjointly with the force
majeure clause embodied in Clause 14. A juxtaposition of these
provisions would leave ... seller for
any reason beyond his control and falling within the force majeure
clause would require one month notice on the part of buyer/ Appellant
causes of 'Force Majeure'. He has
further pointed out that the 'Force Majeure' clause covers 'act of
Government' among ... CLAUSE 6 PAYMENT
Buyer shall arrange payment within 7 days from the
dispatch of documents from sellers bank.
CLAUSE 14 FORCE MAJEURE
causes of 'Force Majeure'. He has
further pointed out that the 'Force Majeure' clause covers 'act of
Government' among ... CLAUSE 6 PAYMENT
Buyer shall arrange payment within 7 days from the
dispatch of documents from sellers bank.
CLAUSE 14 FORCE MAJEURE
process. The parties may resort to
invoking principles of frustration or force majeure to evade
implementation of the Resolution Plan leading to unnecessary
litigation. This ... attempt by a successful Resolution Applicant
who had relied on a force majeure clause in its
Resolution Plan to seek a direction compelling
infrastructure facilities'; whereas Clause 4.4 is 'Force Majeure', as
under:
Company Appeal (AT) (Insolvency) No. 864 of 2019
10
22. Article ... Force Majeure' as stated in
Clause 4.4.
25. As per Clause 4.4 of Article-4 ('Force Majeure'), construction/
continuation/ completion
process. The parties may resort to invoking
principles of frustration or force majeure to evade
implementation of the Resolution Plan leading to
unnecessary litigation. This ... PART I 115 successful
Resolution Applicant who had relied on a force
majeure clause in its Resolution Plan to seek a
direction compelling
State Bank Of India vs Consortium Of Prudent Arc Limited & ... on 25 October, 2021
Pankaj Mehta & Ors vs M/S Ansal Hi-Tech Townships Limited on 1 April
Corporate Debtors have argued that
due to Force Majeure project could not be completed. Force
Majeure reasons cited are defective land title and
cancellation of registration ... held that a party can rely on a
force majeure clause only if it shows that reasonable steps
have been taken to avoid the effect
