Simplex Infrastructures Limited vs. Public Works Department

ARB.P./715/2019HC DelhiGSTCNR DLHC01005216201905 August 2022Bench: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA11 pages
For Petitioner: Mr. R.K. Raina & Mr. Ashish Bansal, AdvocatesFor Respondent: None
AI SummaryAllowed

Held

The Court held that the settlement agreements pertained only to specific arbitral awards and did not affect subsequent independent disputes, including GST reimbursement. Therefore, the disputes were referred to arbitration.

Facts

The petitioner sought appointment of an arbitrator to adjudicate disputes regarding GST reimbursement under a contract. The respondent argued that settlement agreements superseded the original contract and that GST was not applicable at the time of arbitration invocation.

Key Issues

Whether settlement agreements superseded the original contract's arbitration clause for subsequent GST disputes, and whether GST disputes could be referred to arbitration when invoked after GST implementation.

Sections Cited

Section 11 (6), Section 34

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
ARB.P. 715/2019 Page 1 of 11 $~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 715/2019 SIMPLEX INFRASTRUCTURES LIMITED ..... Petitioner Through: Mr. R.K. Raina & Mr. Ashish Bansal, Advocates. versus PUBLIC WORKS DEPARTMENT ..... Respondent Through: None. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R %

05.08.

2022

1.

The present petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the “A&C Act, 1996”) on behalf of the petitioner seeking appointment of an independent Sole Arbitrator to adjudicate disputes between the parties.

2.

It is submitted in the application that the petitioner is a leading service provider in civil and structural construction and is engaged in piling foundation and ground engineering, construction of roads, railways and bridges, urban infrastructure, building and housing.

3.

The respondent issued a Notice Inviting Tender (NIT) in November, 2012 for Comprehensive Development of

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

Reproduced from the public record of the Delhi High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.