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2001 Supreme(SC) 341

S.N.PHUKAN, S.RAJENDRA BABU
U. P. State Electricity Board – Appellant
Versus
Searsole Chemicals LTD. – Respondent


S.RAJENDRA BABU, J.

(1) AN agreement was entered into between the appellant and the respondent for supply of electrical energy and by virtue of clause 1 of the agreement, the supply of electrical energy was to be

"in the form of a three-phase alternating current at a pressure of approximately 400 volts between phases, a frequency of approximately 80 cycles per second and a power not exceedin_g 744.12 KVA and the supply shall be available continuously during the 24 hours of each day and throughout the whole period of this agreement, provided always that the supplier shall not be responsible for damages or otherwise on account of accidental interruption of supply or stoppage or deficiency of energy caused by any order or direction issued by the Government of Uttar Pradesh or resulting from fire, flood, tempest or any accident or from any strike or lockout of workman or from any other cause beyond the control of the supplier, but the supplier shall make every effort to restore the supply as soon as possible".

On the ground that disputes arose between the appellant and the respondent, the matter was referred to arbitration as provided in the agreement. The re










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