High Court of Karnataka
Executive Engineer v. M. Venkata Rao Infra Projects (P.) Ltd
WRIT APPEAL NO. 1947 OF 2025 (LB-BMP)
The ruling in brief
Where petitioner challenged municipal authority's withholding of differential tax under GST regime for works executed under earlier VAT/Service Tax regime, as contract contained arbitration clause and arbitration was already invoked covering this claim, writ under Article 226 was not maintainable and dispute was to be resolved before arbitrator, with no adjudication on merits
Provisions considered
Section 142, read with section 9, of Central Goods and Services Tax Act, 2017/Karnataka Goods and Services Tax Act, 2017 - Article 226 of Constitution of India, 1950 - Arbitration and Conciliation Act, 1996
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