TaxTMI 
TaxTMI 
2021 (6) TMI 1046
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....rs Private Limited and M/s. Ramji Das Dhal Construction Private Limited with identical prayers are directed against common respondents, therefore, both were herd together to be decided by this common order. 2. Facts in brief are that petitioner- M/s. Gemini Promoters & Builders Private Limited in WP-7924-2020, on being found successful bidder in response to Notice Inviting Tenders (NIT) dated 22.02.2017 was awarded contract for "Provision of 5 AC Sheds at Air Force Station Amla" for a lumpsum amount of Rs. 37,96,77,000.00/- vide letter dated 08.09.2017 and a work order to that effect was issued to it on 21.09.2017. Similarly, petitioner- M/s. Ramji Das Dhal Construction Private Limited in WP-7925- 2020, on being found successful bidder in ....
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....d quoted the rates keeping in mind the prevailing rates of GST i.e. 18% on works contract. In view of however decrease in rate of GST to the tune of 6%, the same is required to be regularized through minus adjustment. The petitioner- M/s. Gemini Promoters & Builders Private Limited was asked to deposit a sum of Rs. 66,00,000.00/- and the petitioner- M/s. Ramji Das Dhal Construction Private Limited was asked to deposit a sum of Rs. 34,21,140.00/-, i.e. 6% of the their total contract value, within 15 days, failing which the amount was proposed to be recovered from its running bills. 3. Both the petitioners submitted their reply to the aforesaid letter. Petitioner- M/s. Gemini Promoters & Builders Private Limited by its reply drew attention ....
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....al, learned counsel for the petitioners submitted that since facts in the preset cases are not in dispute, therefore writ petitions can be directly entertained by this Court despite the provision of alternative remedy of Dispute Resolution Board in Clause 71 of the Agreement and thereafter of Arbitration as provided in Clause 70 of the Agreement. It is contended that Schedule A Notes of the agreements (as amended through Corrigendum No.8 Serial Page No.435 Serial No.1 against sub para-2 in case of petitioner- M/s. Gemini Promoters & Builders Private Limited and Corrigendum No.1 Serial No.1 Amendment Schedule A Notes No.15 in case of petitioner- M/s. Ramji Das Dhal Construction Private Limited) in the case of both the petitioners clearly pro....
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....or termination or determination of the Contract. Reference to the Dispute Resolution Board therefore cannot be made without the consent of the petitioners. 7. We have given our anxious consideration on the rival submissions of the parties and perused the record. 8. We have decided not to go into the interpretation of Corrigendum No.8 Serial Page No.435 Serial No.1 against sub para-2 in case of petitioner- M/s. Gemini Promoters & Builders Private Limited and Corrigendum No.1 Serial No.1 Amendment Schedule A Notes No.15 in case of petitioner- M/s. Ramji Das Dhal Construction Private Limited as the first issue that we are required to consider is whether an efficacious alternative remedy is indeed available to the petitioners. It is not in di....
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....er of them, be referred to the sole arbitration of a Serving Officer having degree in Engineering or equivalent or having passed final/direct final Examination of sub-Division II of Institution of Surveyor (India) recognised by the Govt. of India) to be appointed by the authority mentioned in the tender documents. Unless both parties agree in writing such reference shall not take place until after the completion or alleged completion of the Works or termination or determination of the Contract under Condition Nos. 55, 56 and 57 thereof. Provided that in the event of abandonment of the Works or cancellation of the Contract under Conditin Nos. 52, 53 or 54 thereof, such reference shall not take place until alternative... Clause 71 of th....