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
entitled to raise the issue
of force majeure and change in law as a substantive issue, the force
majeure claim and the change ... order, force majeure and change in law cannot be gone
into. It is further argued, in the alternative, that in any case, force
majeure either
operations.
12. In these circumstances, the plaintiff claimed that owing to Force Majeure Clause in the allotment order, they were prevented from exporting the minimum ... this ban will invoke the Force Majeure terms in the allotment. The Force Majeure terms had been given in Clause 14, which is as follows
entitled to raise the issue of force
majeure and change in law as a substantive issue, the force majeure claim
and the change ... order,
force majeure and change in law cannot be gone into. It is further argued, in
the alternative, that in any case, force majeure either
force majeure condition but it has been accepted that the force majeure
exemption would apply to a situation of power cuts in terms of Clause ... continuation of Force Majeure conditions.
The Non-claimant vide their letter dated 29.5.2003 rejected
the invocation of Force Majeure clause and also threatened
for encashment
petitioners appear to be in the
manner of indirectly invoking the Force Majeure
clause specified in the PPA, which cannot be
addressed by a general ... raised under
Section 86 (1)(f) .
11.29.Moreover, the Force Majeure clause agreed in
the PPA is a contractual arrangement between the
parties, whereas
possible to establish the
generating power station and invoked the clause of Force
Majeure. Further the thrust has been made the notice violates the
provision ... Holding Company. In all the letters petitioner
Company has invoked the Force Majeure clause
producers) FSA were found to be unfair and
discriminatory.
b) Provisions in clause 5.2 of FSA relating to charging the transportation
and other expenses from ... inserted in clause 5.5 of
FSA.
g) Incorporating the conditions in force majeure clause which are not
normally treated as force majeure in clause
other penal consequences for late
delivery shall be subject 'Force Majeure' clause. The terms of
the said purchase order for the purpose ... circumstances. The aforesaid events covered under the 'Force
Majeure' clause in the contract, though in turn, delayed the
performance of its responsibilities
Cruz City 1 Mauritius Holdings vs Unitech Limited on 11 April, 2017
Author: Vibhu Bakhru
