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GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
MR. JUSTICE SOUMITRA SAIKIA, J
HLK INFRASTRUCTURE PVT. LTD. – Appellant
Versus
INDIAN OIL CORPORATION LTD. – Respondent
| Table of Content |
|---|
| 1. jurisdiction and role of iocl in contract execution. (Para 1 , 2 , 5) |
| 2. delay in performance and implications under contractual obligations. (Para 3 , 4 , 18) |
| 3. force majeure does not shield prior defaults outside its invocation. (Para 8 , 9 , 20 , 21) |
| 4. public interest necessitated modification of interim orders. (Para 12 , 24) |
| 5. arbitration clauses limit judicial intervention, contractual compliance is paramount. (Para 15 , 25) |
| 6. conditions for claiming force majeure benefits must be established prior. (Para 23) |
| 7. modification of interim orders for public interest in ongoing projects. (Para 26) |
ORDER
Date : 27.11.2020
Heard Mr. S. N. Sarma, learned senior counsel assisted By Mr. K. Kalita, learned counsel for the petitioner. Also heard Mr. R. Dubey and Ms. A. B. Kayastha, learned counsels for the opposite party/respondent.
By order dated 23.11.2020, this Court issued notice on this I.A. In view of the urgency expressed by the applicant/IOCL and as prayed for by the learned counsel for the opposite party/writ petitioner, liberty was granted to the opposite party/writ petitioner to file their obligations and as agreed to by the counsels for the parties, the matter wa
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