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dated 11.09.2018 passed by the Appellate Authority under the Permanent Machinery of Arbitration ["PMA"] contemplated by the agreement between the parties, and a writ of mandamus directing the respondent to appoint a sole Arbitrator to adjudicate the disputes between the parties, under the provisions of the Arbitration and Conciliation Act, 1996 ["the This is a digitally signed order.

7. The result, therefore, is that the Railways has succeeded in obtaining an "Award" under the PMA. The difficulty, however, is that the "Award" is not within the statutory scheme pertaining to the Act. The Supreme Court in Northern Coalfields Limited vs. Heavy Engineering Corporation Limited and Another, (2016) 8 SCC 685, has specifically held that an Award made under the PMA would not constitute an award under the Arbitration Act, 1940, and would neither be amenable to setting aside under the Act, nor to be made a rule of the Court enforceable as a decree. It has been held that the same position prevails under the Arbitration and Conciliation Act, 1996, also. In that case, the Supreme This is a digitally signed order.