Simplex Infrastructures Limited vs. Public Works Department
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 The respondent argued that settlement agreements superseded the original contract and that GST was not applicable at the time of arbitration invocation.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Whether settlement agreements superseded the original contract's arbitration clause for subsequent GST disputes, and whether GST disputes could be referred to arbitration when invoked after GST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
O R D E R %
2022
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.
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.
The respondent issued a Notice Inviting Tender (NIT) in November, 2012 for Comprehensive Development of
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