Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contract-Non-performance of-Invoking of force majeure clause in |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Contract - Non-performance of - Invoking of force majeure clause in agreement - Under a contract for supply of rapeseed oil, supplier failed to supply the specified quantity of oil - Plea of ban by Government on use and processing of rapeseed oil by manufacturers - Held, High Court was right in holding that on facts force majeure clause could not be attracted since the ban covered use of rapeseed oil for manufacturing Vanaspati, and manufacturing rapeseed oil was not banned or restricted - Arbitration. Arbitration - Non-speaking award by arbitrator - Court cannot probe into mental process of arbitrator - Court should endeavour to support a nons-peaking arbitration award provided it adhered to parties' agreement and was not invalidated due to arbitrator's misconduct - Contract. The parties entered into a contract for supply of the specified quantities of rapeseed oil. It was the case of the respondent-Union of India that the supplier-appellant failed to supply the oil as per the delivery schedule and, therefore, the contract was cancelled. The dispute was referred to arbitration. The stand of the supplier was that it was unable to supply the oil because of the ban by the Government on use of processing of rapeseed oil by manufacturers. The arbitrator gave a non-speaking award against the supplier, and the single Judge of the High Court made the award rule of the court. The Division Bench of the High Court dismissed the appeal of the supplier. In the instant appeal filed by the supplier company, the arguments were confined only to the plea with regard to force majeure clause in the agreement. |
Judge | Hon'ble Mr. Justice Dalveer Bhandari |
Neutral Citation | 2007 INSC 922 |
Petitioner | Markfed Vanaspati & Allied Industries |
Respondent | Union Of India |
SCR | [2007] 9 S.C.R. 957 |
Judgement Date | 2007-09-14 |
Case Number | 2668 |
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