Home Case Index All Cases GST GST + HC GST - 2021 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (6) TMI 1046 - HC - GSTMaintainability of petition - efficacious alternative remedy available to petitioners - Contractual dispute - completion or alleged completion of the Works or termination or determination of the Contract - Reference to the Dispute Resolution Board - Clause 71 of the General Conditions of Contract - HELD THAT:- Clause 71 provides for referring disputes first to the Disputes Resolution Board in case the contacts valuing to ₹ 10 crore or more, which would precede reference of dispute to the arbitrator under Clause 70 of the agreement. It is therefore Clause 71 which has to be first applied and the remedy available before the Dispute Resolution Board has to be first exhausted. We are not inclined to uphold the argument that Dispute Resolution Board could be constituted only if petitioner agreed and, therefore, since the petitioners have not given their consent, such Board could not be constituted. We are therefore persuaded to uphold the preliminary objection raised by the learned counsel for the respondents and direct the respondents to constitute a Dispute Resolution Board within a period of one month from the copy of passing of this order is produced before them and further direct that the Board shall, after providing opportunity of hearing to the petitioners as well as the respondents, give its verdict, within a period of three months thereafter. Petition disposed off.
|