In the opinion of the court, the interpretation of the terms of the contract by the learned Arbitrator is fair and reasonable, and none of the grounds for interference provided under the Act are attracted. It is settled position that even if there are two views possible, the Court would not substitute the view of the Arbitrator’s with its own view, unless the view taken by the Arbitrator is perverse.
GST Reimbursement —-- The appellant prayed for setting aside of the interim arbitral award dated 15th December, 2020, whereby, the learned Sole Arbitrator has allowed certain claims of the Respondent (the service provider). The appellant published limited tender inviting bids from empanelled parties for providing on-board catering services in trains for six months. The respondent invoked arbitration on 17th October, 2018 with regard to deductions made on account of welcome drink, as well as other issues. The sole Arbitrator passed the Impugned Award allowing two claims (i) payment with respect to welcome drink; and (ii) reimbursement of GST on production charges w.e.f. 01st July, 2017. Further held that IRCTC is to reimburse the GST deposited by respondent to the authorities, as the same was not included in the rates determined in the tender document. Court observed that the learned Arbitrator has decided the dispute within the four corners of the contractual provisions, in light of the change in tax regime brought about by the introduction of GST laws. It cannot be held that his findings are unfair or suffer from perversity.
Held that:-The Hon’ble High Court dismissed the petition.
In the opinion of the court, the interpretation of the terms of the contract by the learned Arbitrator is fair and reasonable, and none of the grounds for interference provided under the Act are attracted. It is settled position that even if there are two views possible, the Court would not substitute the view of the Arbitrator’s with its own view, unless the view taken by the Arbitrator is perverse.
GST Reimbursement —-- The appellant prayed for setting aside of the interim arbitral award dated 15th December, 2020, whereby, the learned Sole Arbitrator has allowed certain claims of the Respondent (the service provider). The appellant published limited tender inviting bids from empanelled parties for providing on-board catering services in trains for six months. The respondent invoked arbitration on 17th October, 2018 with regard to deductions made on account of welcome drink, as well as other issues. The sole Arbitrator passed the Impugned Award allowing two claims (i) payment with respect to welcome drink; and (ii) reimbursement of GST on production charges w.e.f. 01st July, 2017. Further held that IRCTC is to reimburse the GST deposited by respondent to the authorities, as the same was not included in the rates determined in the tender document. Court observed that the learned Arbitrator has decided the dispute within the four corners of the contractual provisions, in light of the change in tax regime brought about by the introduction of GST laws. It cannot be held that his findings are unfair or suffer from perversity.
Held that:-The Hon’ble High Court dismissed the petition.