Search Results for "force majeure"

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Search Results for "force majeure"

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High Court

Bombay High Court Allows Writ Petition for Force Majeure Benefit Under Quota Policy — Power Cut Constitutes Force Majeure. The court held that a power cut imposed by the Gujarat Electricity Board is beyond the control of the exporter and qualifies as force majeure under clause 9 of the Government Entitlement Policy, 1994-1996, entitling the petitioners to extension of time for fulfilling export obligations.

21 Sep 2011

The petitioners, Esjay International Pvt. Ltd. and its director Sunil G. Jhangiani, are exporters recognized by the Government of India since 1981. Th...

High Court

Bombay High Court Dismisses Winding Up Petition in Power Supply Dispute Due to Bona Fide Dispute. Debt under Section 433(e) of Companies Act, 1956 not recoverable via winding up when substantial defense exists.

21 Dec 2017

The petitioner, Vedanta Limited, filed a company petition seeking winding up of the respondent, Global Energy Private Limited, under Section 433(e) of...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Hotel Management Contract Dispute — No Interference Under Section 34 as Findings Are Plausible. Arbitrator's Finding of Breach of Contract and Award of Damages Upheld as Not Perverse or Contrary to Public Policy.

8 Jan 2019

The petitioner, Hotel Corporation of India Ltd., challenged an arbitral award passed by a sole arbitrator under Section 34 of the Arbitration and Conc...

Supreme Court

Supreme Court Allows Appeal in Arbitration Case — Directs Arbitral Tribunal to Reconsider Interim Deposit Order in Light of Force Majeure Clause. Court holds that while passing interim measures under Section 17 of the Arbitration and Conciliation Act, 1996, the Arbitral Tribunal must consider the force majeure clause and the bonafide dispute raised by the lessee, and cannot direct deposit of 100% rental amount without prima facie evaluating the applicability of such clause.

28 Mar 2022

The dispute arose from two lease agreements between Evergreen Land Mark Pvt. Ltd. (appellant-lessee) and John Tinson & Company Pvt. Ltd. & Anr. (respo...

High Court

High Court of Karnataka Allows Commercial Appeal in Part, Sets Aside Trial Court's Rejection of Rent Arrears Claim in Eviction Suit. The court held that the claim for arrears of rent from 01.04.2000 to 30.11.2021 was not barred by limitation as the tenancy continued and the suit was filed within three years from termination.

19 Dec 2025

The appellants, Smt. Sarojamma and others, filed a commercial suit (Com.O.S.No.124/2023) before the LXXXVII Additional City Civil and Sessions Judge, ...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging KSRTC E-Tender Notification for Commercial Complexes at Hassan Bus Stand. Petitioner's claim of being an ongoing contractor and representations not considered as the tender process had already concluded.

4 Oct 2023

The petitioner, H.N. Pruthivinarayan, claiming to be an ongoing contractor, filed a writ petition under Articles 226 and 227 of the Constitution of In...

Supreme Court

Supreme Court Upholds Consumer Commission's Compensation Award Against Builder for Delayed Possession in Housing Project. Builder's 'Endeavour' Clause Interpreted as Requiring Reasonable Efforts, and Contractual Compensation Rate Held Unfair Under Consumer Protection Act, 1986.

8 Mar 2021

The dispute arose from a delayed housing project where the builder, NBCC (India) Limited, failed to hand over possession of a residential unit to the ...

High Court

Bombay High Court Allows Arbitration Petition in Commercial Dispute — Appointment of Sole Arbitrator under Section 11 of Arbitration and Conciliation Act, 1996. Court appoints retired judge as sole arbitrator to adjudicate disputes arising from a Master Service Agreement between parties.

30 Nov -0001

The petitioner, Zanmai Labs Private Limited, filed a Commercial Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, s...

Supreme Court

Supreme Court Upholds Arbitral Award in Contract Dispute Over 'Change in Law' Clause — High Court Exceeded Jurisdiction Under Section 37 of Arbitration Act. Interpretation of contractual clause by Arbitral Tribunal was plausible and not perverse, hence not liable to be set aside under Section 34.

11 May 2020

The Supreme Court allowed the appeal filed by South East Asia Marine Engineering and Constructions Ltd. (SEAMEC Ltd.) against the judgment of the Gauh...

Supreme Court

Supreme Court Allows Appeal by MP Power Management Company, Upholds Termination of Power Purchase Agreement for Non-Compliance of Conditions Subsequent. The Court held that the High Court erred in interfering with a non-statutory contract and that the termination was justified as the seller failed to fulfill conditions within the extended period.

1 Jan 2022

The appellant, M.P. Power Management Company Limited, a wholly owned government company responsible for bulk purchase of electricity in Madhya Pradesh...

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