party on receipt of Force
Majeure notice disputes the degree to which the Force
Majeure event has affected the construction or the
operation ... Party in receipt of Force Majeure Notice
disputes the degree to which the Force Majeure
Event has affected the construction at operation for
the project
inclusive and therefore they are not the only ones and the Force
Majeure Event under clause 8.3 covers the situation where the
delay or failure ... Force Majeure events under this Agreement) or failure to
meet milestone dates due to any event or circumstance (a "Force
Majeure Event") beyond
plant for 402 days was due to the Force Majeure (FM) events &
Taxus is not liable to pay Liquidated Damages (LD) for the said ... days cannot in any
manner be construed as a Force Majeure event.
l) The State Commission has failed to appreciate that a
number of other
circumstances beyond its control as it was impacted by Force
Majeure Events. Shapoorji sought extension of time to fulfil
the conditions subsequent vide letters dated ... subsequent to the PPA, is a Change in Law
and/or Force Majeure Event which has increased the price of
imported coal and has impacted
regarding the same.
Force Majeure Notices issued by Appellant
72. On 21.03.2020, 31.03.2020, 26.05.2020 and 02.07.2020, the
Appellant issued force majeure notices and intimation ... writing within 15 days from the occurrence
of such Force majeure.
"Force Majeure" events means any event which is beyond the
control
with the available relief for Force
Majeure in Article 11.7 as under:
11.7 Available Relief for a Force Majeure Event
Subject to this Article ... Force Majeure
reason and the Appellant is entitled to claim relief in performance of such
obligation due to Force Majeure event. There are no Regulations
project could not be implemented on
account of occurrence of Force Majeure event?
d) Has not the State Commission erred in interfering with
invocation ... invoked the Article on Force Majeure in the
PPA or specifically not prayed for any relief under any Force
Majeure event
submitted that if increase in cost due to Force
Majeure is considered a Force Majeure event, the only
possible relief is compensation. Disallowance of increase ... Force Majeure' Event
and Article 12 for 'Change in Law' Event only describe
when these events can occur and the dispute
that the outbreak of the pandemic
should be treated as a Force Majeure event. The Board, vide letter dated
10.07.2020, asked the Appellant to submit ... Force Majeure
due to COVID-19 along with supporting evidence. By a further letter dated
04.09.2020, the Appellant declared that the Force Majeure event
amendment to
definition of force majeure and non-completion of construction of
sub-station would amount to force majeure event, is contrary ... disentitle the Appellants from claiming benefit of force majeure.
The contention that by virtue of force majeure event the
Appellants were to be absolved
