Indian Railway Catering And Tourism Corporation LTD. vs. M/S Deepak And Co.

FAO(OS) (COMM)/106/2021HC DelhiGSTCNR DLHC01025536202101 June 2022Bench: CASES PERTAINING TO SPL.DIVISION BENCHES23 pages
For Petitioner: Mr Nikhil Majithia, AdvFor Respondent: Mr Naresh Thanai and Khushboo Singh, Advs
AI SummaryDismissed

Held

The High Court held that the arbitrator's interpretation of the contract and evidence regarding GST reimbursement was within the arbitrator's domain. The court found no patent illegality or perversity in the award.

Facts

The appeal was against a single judge's order dismissing IRCTC's petition to set aside an arbitrator's partial award. The arbitrator had ruled in favor of the respondent on the issue of GST on production charges post-July 2017.

Key Issues

Whether the arbitrator correctly awarded GST on production charges to the respondent, and whether the court should interfere with the arbitrator's findings on contractual interpretation and evidence.

Sections Cited

Section 34, Section 11

AI-generated summary — verify with the full judgment below

FAO(OS) (COMM) 106/2021

Pg. 1 of 23

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgement reserved on: 27.01.2022 %

Judgement pronounced on:02.06.2022

+ FAO(OS) (COMM) 106/2021 & CM APPL. 27234/2021

INDIAN RAILWAY CATERING AND TOURISM

CORPORATION LTD.

......Appellant

Through

Mr Nikhil Majithia, Adv. versus

M/S DEEPAK AND CO.

......Respondent Through Mr Naresh Thanai and Khushboo Singh, Advs. CORAM: HON'BLE MR JUSTICE RAJIV SHAKDHER HON'BLE MR JUSTICE TALWANT SINGH [Physical Hearing/Hybrid Hearing (as per request)] TABLE OF CONTENTS

Preface: ............................................................................................................................... 2 Background: ........................................................................................................................ 2 Submissions of the appellant: ............................................................................................. 3 Submissions of the respondent: .......................................................................................... 5

Analysis and Reasons: ...

The judgment continues below.

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