Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
The HC held that a Section 11 referral court may refuse appointment where it is manifest, on a prima facie review, that the parties excluded the dispute from arbitration. The arbitration clause was construed as limited to disputes about specifications, design, drawings, workmanship, materials and execution of the work, while the claim for reimbursement of service tax and GST cost arose under a separate taxes-and-duties provision. Because the tax dispute was outside the agreed arbitration clause, the claim was treated as non-arbitrable and the Section 11 petition was dismissed.
The HC held that a Section 11 referral court may refuse appointment where it is manifest, on a prima facie review, that the parties excluded the dispute from arbitration. The arbitration clause was construed as limited to disputes about specifications, design, drawings, workmanship, materials and execution of the work, while the claim for reimbursement of service tax and GST cost arose under a separate taxes-and-duties provision. Because the tax dispute was outside the agreed arbitration clause, the claim was treated as non-arbitrable and the Section 11 petition was dismissed.
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