M/S Virtue Technology Solution And Another v. Union Of India And ORS.

22.03.2022.

Court No.13 Item No. 15 ap W.P.A. No. 279 of 2022 (Through Video Conference) M/s. Virtue Technology Solution & Anr.

Versus

Union of India & Ors.

Mr. Prabir Kumar Chaudhuri, Mr. Phatick Chandra Das.

...For the petitioners.

Mr. Sanajit Kumar Ghosh, Mr. Raja Ghosh, Mr. Madhusudan Mukhopadhyay.

...For the Railways.

Affidavit-of-service filed in Court today be taken on record.

The writ petitioners are aggrieved by the fact that the Railways are not paying GST as claimed in pursuance of the terms of contract being executed by the petitioners for hiring of one no., 5 Ton Capacity material pick up van for transportation of material for POH on contractual basis at Kanchrapara Workshop. Counsel for the Railways submits that in terms of the agreement between the parties, the price payable to the petitioners is inclusive of all taxes and GST.

This Court notes that the dispute primarily concerns interpretation of contractual terms. In view of the remedy available under the tender terms itself, being the Arbitration Clause at Clause 14.0, this Court is not inclined to intervene under Article 226 of the Constitution of India.

Hence liberty with reserved to the petitioners, as indicated hereinabove, and the instant writ petition shall stand disposed of without any order.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)