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april 2012

Supreme Court of India · 2012-04-25

Rashtriya Ispat Nigam Ltd vs M/S Dewan Chand Ram Saran

Citation / case number
AIR 2012 SUPREME COURT 2829
Court
Supreme Court of India
Petitioner
Rashtriya Ispat Nigam Ltd
Respondent
M/S Dewan Chand Ram Saran
Author
H.L. Gokhale
Bench
H.L. Gokhale, R.M. Lodha

Judgment text excerpt

The Supreme Court addressed the legality of the deduction of service tax from the respondent's bills by the appellant under Clause 9.3 of their contract. The Court held that the interpretation of the clause by the arbitrator was a plausible view, thus overturning the Bombay High Court's decision that deemed the award illegal. The Court reaffirmed the arbitrator's authority in interpreting contractual terms, emphasizing that the deduction was permissible under the contract's provisions, thereby restoring the arbitrator's award dated 25.5.2004.

Rashtriya Ispat Nigam Ltd vs M/S Dewan Chand Ram Saran · Niyam