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Judge c Saravanan service tax order

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[3/6, 09:57] Sekarreporter 1: W.P.Nos.10821, 6135 & 6136 & 6236 of 2015
the records of the third respondent in provisional debit note
No.GAIL/PDY/F&A/2014-15/VAT/167 dated 25.02.2015 and quash the same.
Prayer in W.P.No.6136 of 2015: Writ Petition is filed under Article 226 of the
Constitution of India praying for the issuance of a Writ of Certiorari, calling for
the records of the third respondent in provisional debit note
No.GAIL/PDY/F&A/2014-15/VAT/175 dated 25.02.2015 and quash the same.
Prayer in W.P.No.6236 of 2015: Writ Petition is filed under Article 226 of the
Constitution of India praying for the issuance of a Writ of Certiorari, calling for
the records of the third respondent in provisional debit note
No.GAIL/PDY/F&A/2014-15/VAT/163 dated 25.02.2015 and quash the same.
For Petitioners : Mr.Vinod Kumar
(in all W.ps.)
For Respondents : Mr.A.P.Srinivas
(in all W.Ps.) Standing counsel for R1 & R5
Mr.Joseph Prabakar
for R2 & R3
Mr.A.N.R.Jaya Prathap
Government Advocate
for R4
No appearance for R6
(in W.P.No.10821 of 2015)
C O M M O N O R D E R
By this common order all the writ petitions are being disposed. The
respective petitioners are aggrieved by the impugned provisional debit notes
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[3/6, 09:58] Sekarreporter 1: W.P.Nos.10821, 6135 & 6136 & 6236 of 2015
site www.gailonline.com for reference. Unless specified
otherwise in the Agreement all disputes shall be settled
in accordance with the said GAIL (India) Ltd Conciliation
Rules 2010.

  1. Since the dispute between the respective petitioners and the the
    2
    nd/3
    rd
    respondents are purely a commercial dispute which can be resolved in
    an arbitration proceeding in terms of the arbitration clause, I am of the view
    that these present writ petitions are liable to be dismissed as the petitioners
    have an alternate remedy which is more efficacious. The respective
    petitioners should therefore invoke the arbitration clause as per the respective
    agreement and proceed to resolve the dispute with the 2
    nd
    respondent.
  2. Therefore, these writ petitions are liable to be dismissed. Since
    the petitioners had obtained an interim relief which was in operation all along
    during the pendency of these writ petitions, same shall continue for a period
    of another 6 months from the date of receipt of copy of this order.
  3. Petitioner may file appropriate application under Section 179 of
    the Arbitration and Conciliation Act, 1996 to continue the same under the
    provisions of the aforesaid Act if desired. These writ petitions thus stand
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