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
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
Appellant and the
2nd Respondent relates to Force Majeure and is extracted
hereinbelow :-
26. FORCE MAJEURE
26.1 If any party hereto is wholly or partially ... force majeure conditions developing.
27. The term "Force Majeure" originates from the Code Napoleon
of France that translates to mean "Superior Force
claiming Force
Majeure. Regulation 2(1)(g)(a) specifying Force Majeure events have
been already quoted hereinabove. The concept of "Force Majeure"
needs ... event certainly qualifies as a Force Majeure event as per
Regulation 2(1)(g)(a) . Invocation of Force Majeure clause by the
Appellant cannot
mitigate the effects of the force majeure and restore work on
site. We have quoted above the force majeure clause of the
BPTA. The said ... period there was no force majeure event. The notice of force
majeure as required by the provisions of clause 13 dealing with
force majeure under
case related to
force majeure as it may cause the dispute. Therefore,
to avail benefit of force majeure clause it is necessary
that the Petitioner ... force majeure, annual
overhaul and force outages as three different conditions
of plant outages. Annual overhaul should not be
clubbed into force majeure clause
Force Majeure event became effective prior to the COD,
in terms of Article Art 19.4.0 of the PPA, only the Force Majeure Clause ... force majeure conditions under specified circumstances, and the
consequence for the force majeure clause being that in case the project
commissioning gets postponed
Gujarat Urja Vikas Nigam Limited vs M/S Tarini Infrastructure Ltd & Ors on 11
force majeure events, the delay
occasioned by the project developer's land-related impediments far exceeds the
permissible period under the force majeure clause ... party seeks mitigation of losses on
account of those force majeure events. Generally, the force majeure clauses in
the contracts explicitly state that notice must
also relates to force majeure event, however, this Tribunal rejected the occurrence
of force majeure event and invocation of force majeure Article inter-alia ... force majeure event. Thus, we hold that no notice, informing
occurrence or existence of any force majeure event as required by
clause
