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
Guarantee clause, which reads as under:
"... 15. FORCE MAJEURE
15.1 Force Majeure
"Force Majeure" shall mean (with respect to either Party ... Force Majeure, reasons for continued existence of
the event of Force Majeure and an estimate of the
anticipated duration of the event of Force Majeure
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
force majeure' event, it could not turn around and hold the
respondent to a different standard for evoking the force majeure
clause. Even ... relief on account of a Force
Majeure event, then the Party claiming to be affected by the Force
Majeure event shall, as soon as reasonably
documents, the force majeure clause contained in
clause No. 21 was correctly invoked. The said clause
reads as under :-
"21. Force Majeure :
The Parties ... would come into force. That is, however, a
dispute between the parties to the contract as to
whether the force majeure clause stood properly
invoked
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
