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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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