JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. Since the arguments of the applicants in the review petition and respondent no. 1 were recorded at length in the order dated April 16, 2021, those are not being narrated again in order to avoid unnecessary repetition. However, such arguments are considered and referred to in the following order.

2. The review applicants primarily rely on certain documents which, although in the custody of the applicants when the order under review was passed, were not with learned counsel for the applicants at that point of time, due to which those could not be placed before Court on the said date.

3. The first such document is a print-out of Clause 70.0 which is the Force Majeure clause contained in the tender agreement entered into between the applicants and the tender issuing authority. Such clause is reproduced below:

“70.0 FORCE MAJEURE

If, at any time during the currency of the Contract, the performance in whole or in part by either party of any obligation under this Contract shall be prevented or delayed by reason of any war, hostilities, invasion, acts of public or foreign enemies, rebellion, revolution, insurrection, civil commotion, sabotage, large sca