SUNDARANANDA BARMAN Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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SABYASACHI BHATTACHARYYA, J. -
(1.)Since the arguments of the applicants in the review petition and respondent no.1 were recorded at length in the order dated April 16, 2021, those are not being narrated again in order to avoid unnecessary repetition. However, such arguments are considered and referred to in the following order.
(2.)The review applicants primarily rely on certain documents which, although in the custody of the applicants when the order under review was passed, were not with learned counsel for the applicants at that point of time, due to which those could not be placed before Court on the said date.
(3.)The first such document is a print-out of Clause 70.0, which is the Force Majeure clause contained in the tender agreement entered into between the applicants and the tender issuing authority. Such clause is reproduced below:
"70.0 FORCE MAJEURE If, at any time during the currency of the Contract, the performance in whole or in part by either party of any obligation under this Contract shall be prevented or delayed by reason of any war, hostilities, invasion, acts of public or foreign enemies, rebellion, revolution, insurrection, civil commotion, sabotage, large scale arson, floods, earthquake, large scale epidemics, nuclear accidents, any other catastrophic unforeseeable circumstances, quarantine restrictions, any statutory rules, regulations, orders or requisitions issued by a Government department or competent authority or acts of God (hereinafter referred to as "event") then, provided notice of the happening of such an event is given by either party to the other within 21 days of the occurrence thereof.
a. Neither party shall by reason of such event be entitled to terminate the Contract or have claim for damages against the other in respect of such non- performance or delay in performance."
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