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2001 (9) TMI 631

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..... wyer now appears in person and sought an injunction against the encashment of bank guarantee given by the petitioner in order to avail of his quota entitlement under First Come First Service Scheme (FCFS). Rather than deal with the interim application, I am dealing with the writ petition in view of the orders of this Court dated 9th of October, 1996. 2. In the said Order of 9th October, 1996, th .....

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..... his writ petition is dismissed. 3. The same situation also exists in the present petition because at various stages of the pleadings, the petitioner has taken different stands for invoking the Force Majeure clause . In certain pleas, the petitioner has taken the plea of communal riots whereas in certain occasions the plea of cargo backlog at the airport has been taken by the petitioner and it .....

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..... cult to believe that a letter dated 23-8-1996 was not in the knowledge of the petitioner. Accordingly, the reliance by the petitioner on the said Letter is wholly uncalled for. The petitioner has also sought to rely upon a judgment of the Hon ble Supreme Court reported as M/s. Dhanrajamal Gobindram v. M/s. Shamji Kalidas Co. [1961 (3) SCR 1020]. The said judgment construed the Force Majeure cl .....

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