2020 (4) TMI 876

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..... ome to the aid of the Petitioners. The contract terms are on Cost and Freight basis (CFR) and the Respondent No. 1 has complied with its obligations and performed its part of the contracts and the goods have been already shipped from South Korea. The fact that the Petitioners would not be able to perform its obligations so far as its own purchasers are concerned and/or it would suffer damages, is not a factor which can be considered and held against the Respondent No. 1. List the Petitions as per CMIS date.
A.A. Sayed, J. For the Appellant : S.B. Deshmukh and Uttam Rane For the Respondent : Vineet Naik, Senior Advocate, Mohit Arora, Rajat T. i/b Tuli and Co., Ameya Gokhale, Veena Sivaramakrishnan, Vaibhav Singh i/b Shardul Amarchad Man .....

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..... uot; may, at its sole discretion and upon written notice to "Buyer" either terminate the Contract or any portion affected thereof by such event(s), or delay performance of the Contract, in whole or in part, for a reasonable period of time. Any such delay of performance by "Seller" shall not preclude "Seller's" later right to terminate the Contract or any portion affected thereof by such event(s). In no event shall "Seller" be liable to "Buyer" or to any third party for any costs or damages arising indirectly or consequentially from such non-fulfillment of or delay in the performance of all or part of the Contract" Article 12. Governing Law & Arbitration: The Contract shall be gover .....

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..... ed from South Korea. The fact that the Petitioners would not be able to perform its obligations so far as its own purchasers are concerned and/or it would suffer damages, is not a factor which can be considered and held against the Respondent No. 1. d. The Notifications/Advisories relied upon by the learned Senior Counsel for the Respondent No. 1 does suggest that the distribution of steel has been declared as an essential service. There are no restrictions on its movement and all ports and port related activities including the movement of vehicles and manpower, operations of Container Freight Station and warehouses and offices of Custom Houses Agents have also been declared as essential services. The Notification of the Director General .....

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