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As ATS attorney, I would have referred to the case of Total Valley Power Ltd vs
Total Gas & Power Ltd and sought an excuse citing that it is commercially
impossible to acknowledge the order.
If Force majeure is continued for a specific period of time (in days), both the
parties should have given in writing to the other parties of such continuance or
dissolution of such contract.
If my client is unavailable to go ahead with the contract I would have given it in
writing as well as mentioned in the financial in availability as clause of Termination
clause 15.1 and 15.2 and also in Waiver clause 16.2 (reference to Indian Law)
resulting in partial forfeit of advance payment of $3 million and the percentage not to
exceed 60%.
Thank You