https://www.taxtmi.com/caselaws?id=196688 Clause 47 excluded liability only for loss caused by an act of God, including unprecedented flood, where the event could not have been foreseen or avoided by a prudent person. On the facts, no evidence showed that the rainfall and flooding were unprecedented within that clause, and the arbitrator and High Court had recorded concurrent findings that the clause was not attracted. The award was a speaking award with reasons, and interference under Sections 30 and 33 of the Arbitration Act, 1940 remained confined to limited grounds; the court would not reappraise evidence or replace a plausible arbitral view. The award was therefore not set aside, and interest was modified only to the extent agreed by the parties. en-us Thu, 31 Jul 2003 00:00:00 +0530 Fri, 12 Jul 2024 17:42:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196688 Clause 47 excluded liability only for loss caused by an act of God, including unprecedented flood, where the event could not have been foreseen or avoided by a prudent person. On the facts, no evidence showed that the rainfall and flooding were unprecedented within that clause, and the arbitrator and High Court had recorded concurrent findings that the clause was not attracted. The award was a speaking award with reasons, and interference under Sections 30 and 33 of the Arbitration Act, 1940 remained confined to limited grounds; the court would not reappraise evidence or replace a plausible arbitral view. The award was therefore not set aside, and interest was modified only to the extent agreed by the parties. Case-Laws Indian Laws Thu, 31 Jul 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196688