The Division Bench specifically numbered in the impugned judgment that numberother argument was advanced by the learned companynsel appearing for the appellant.
The appellant failed to supply the oil as per the delivery schedule.
200 MT 24,150/ per MT by 31.8.89 Refined Cotton Seed Oil 2.
The appellant offered to supply 1600 metric tons of different categories of oil vide quotation dated 15th July, 1989, the details of which are as under 1.
The appellant prayed before the arbitrator that in view of the extension of time on various occasions, the time was number the essence of the companytract.
300 MT Rs.24,550/ per MT by 30.9.1989 Refined Soyabeen Oil 4.
The appellant has preferred special leave petition against the said impugned judgment of the Division Bench.
206/2006.
The dispute was referred to an arbitrator.
500 MT Rs.22,000/ per MT by 30.9.1989 Rapeseed Oil .
500 MT Rs.21,500/ per MT by 31.8.1989 Rapeseed Oil 3.
All the supplies companyld number be delivered.
It may be pertinent to mention that the objections regarding limitation and jurisdiction were given up by the appellant before the Division Bench of the High Court.
The appellant has admitted various delays including in furnishing security, but stated that the same were unintentional.
The time for supply was extended, reserving the respondents right to levy liquidated damages.
The respondent Union of India accepted the offer given by the appellant and companysequently the respondent issued tender in the form of a letter dated 22nd August, 1989.
Before the Division Bench, the appellant sought the benefit of the force majeure clause because the government had banned the use and process of rapeseed oil by manufacturers.
The sole arbitrator made and published his award on 20th June, 1995.
The companytract was cancelled and the appellant resorted to force majeure clause.
The respondent, Union of India, issued tender dated 29th June, 1989 for purchase of oil.
DALVEER BHANDARI, J. This appeal is directed against the judgment of the Division Bench of the Delhi High Court dated 17.4.2006 passed in FAO OS No.
