Question
Kalinga Travels is a travel company based in Bhubaneshwar. The company's services were availed by the travel agent Mr. Ramesh Ranjan for transporting 300 pilgrims
Kalinga Travels is a travel company based in Bhubaneshwar. The company's services were availed by the travel agent Mr. Ramesh Ranjan for transporting 300 pilgrims in their steamer ship to their place of worship in Puri to Rameswaram as part of the Char Dham Yatra from Puri on 21st July 2021, and an advance payment of Rupees 30,000 was made towards the same. They entered into an agreement regarding the same. On the day of the travel, Tamil Nadu Government brought out an order restricting travel to Tamil Nadu from other states such Bihar and Orissa because of a pandemic outbreak in those states. The travel company informed Mr. Ramesh Ranjan about the said order and cited an impossibility in honouring the contract. Kalinga Travels declared the contract void as the circumstances had changed.
(A) Can the agreement in the above factual scenario be void because of such change in circumstance? Critically analyse using statutory provisions and decided case laws.
(B) What are the remedies available to the parties in case the contract has been discharged by such impossibility? Comment using statutory provisions and decided case laws.
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