Supreme Court of India · 2007-09-14
Markfed Vanaspati & Allied Industries vs Union Of India
- Citation / case number
- AIR 2007 SC (SUPP) 882
- Court
- Supreme Court of India
- Petitioner
- Markfed Vanaspati & Allied Industries
- Respondent
- Union Of India
- Author
- Dalveer Bhandari
- Bench
- Tarun Chatterjee, Dalveer Bhandari
Judgment text excerpt
The Supreme Court upheld the decision of the Delhi High Court, affirming that the force majeure clause was not applicable in the appellant's case as the government ban only restricted the use of rapeseed oil for manufacturing Vanaspati, not its production. The Court noted that the appellant had failed to deliver oil as per the contract and had admitted to delays, thus the time was deemed to be of the essence. The appeal was dismissed, maintaining the validity of the arbitrator's non-speaking award and the High Court's ruling.