UNION OF INDIA Vs. MS. INDRA INDUSTRIES

JUDGEMENT

(1.) These OPs have been filed under Sec. 34 of the Arbitration and Conciliation Act, 1996 (in short "the Act') challenging the respective arbitral awards. Excepting for O.P.No.128 of 2024, the other OPs have been filed by Integral Coach Factory (ICF), the respondent in the arbitration.

(2.) In O.P.No.128 of 2024, the petitioner therein, who was the claimant in the arbitration, was unsuccessful in the arbitration, as their claim for enforcement of the statutory variation clause on account of non-release of 7% differential GST amount by the respondent subsequent to the revision of the rate of GST was rejected on the ground that the petitioner might have included 13% differential GST in their quoted price for getting the award in their favour. However, in the remaining OPs, namely, Arb.O.P.(Com.Div.) Nos.602 of 2023, 74, 423 to 429 of 2024 and 92 and 172 of 2025, the respondents in those OPs are the claimants in the arbitration. They also sought for release of 7% differential GST amount and sought for enforcement of the statutory variation clause in the contract. The Arbitral Tribunal, which had passed the respective arbitral awards in their favour, had held that the respondents, who are the claimants in those OPs, are entitled for release of 7% differential GST amount as per their arbitral claim.

(3.) Since the issue involved in all these OPs is one and the same, this Court is disposing of all the OPs by a common order. For the sake of convenience and clarity, in the forthcoming paragraphs, the petitioner/Integral Coach Factory will be referred to as "ICF" and the respondents will be referred to as contractors.