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september 2007

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.

Markfed Vanaspati & Allied Industries vs Union Of India · Niyam