In Brief
Bharat Petroleum Corporation Limited supplied aviation fuel to Go Airlines under agreements dated 2007–2011. A dispute arose over payment and interest, leading to arbitration. Go Airlines filed a counter claim seeking CENVAT credit invoices, which Bharat Petroleum argued was beyond the arbitration's scope. The Arbitrator rejected the counter claim at threshold. The High Court allowed Go Airlines's appeal, holding the Arbitrator had jurisdiction. The Supreme Court affirmed the High Court, holding that whether a counter claim falls within the arbitration agreement's scope must be decided after enquiry by the Arbitrator, not summarily rejected at threshold. The appeal was dismissed.",
The lawyer headnote and full judgment text are available to registered users.