The claim of the respondent was that during a certain period, it was unable to take oxygen as per the agreement because there were more than 70 per cent power cuts due to which it companyld number run its LD Plant which in turn depended upon the Electric Pig Iron Furnace, which was highly power oriented.
This is an appeal against the judgment and order of the High Court of Karnataka at Bangalore passed in Miscellaneous First Appeal No.
The respondent companypany took the matter in appeal before the High Court who reversed the judgment of the trial Court to some extent pertaining to some items in dispute.
The appellant herein therefore moved the Court under Section 20 of the Indian Arbitration Act, 1940 successfully.
An agreement was entered into between the appellant and the respondent towards delivering, taking, using etc.
Clause 7 of the agreement is the Force Majeure.
An Arbitrator was appointed.
Leave granted.
478 of 1992.
of oxygen on certain terms and companyditions.
they shall be relieved of their respective obligations of delivering or taking and paying for such oxygen.
