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6. The claims made by the Rites pertained to payments towards the supply of materials, pending supply bills, cost of maintenance, payment for erection work, price variation, bill for survey, loss of profit, loss of interest, loss due to wrong encashment of bank guarantee, loss of goodwill etc. The JUVNL made counter-claims for loss of revenue, over-heads and establishment costs, burden of interest payment, additional costs for work and other interests on various counts. In Arbitration Case No. PMA/BMS/ 04/2006, the arbitral proceedings were closed after hearing the parties on 21st July 2010 and the sole Arbitrator made an award on 19th January 2011 for Rs. 89,20,07,989/- with interest. In Appeal Arbitration Case No. 02/LS/2011, the appellate Authority partly allowed the objections of the Rites and published the award with an enhanced value of Rs. 327,76,03,759/- with interest of Rs. 416,96,11,748/-.

7. Aggrieved by the awards dated 19th January 2011 and 19th September 2011, the JUVNL laid a challenge thereon under section 34 of the AC Act in Misc. Case No. 16 of 2011. However, this petition was dismissed on 22nd November 2017 holding that the award made by the Permanent Machinery of Arbitration cannot be challenged in a proceeding under section 34 of the AC Act.

8. The Rites then came to this Court with the following prayers:

"(a) For referring all disputes relating to and arising out of the ten Agreements being No. 01 to 10/RE/JSEB/03-04 all dated 16.03.2004 in respect of the rural electrification in Jharkhand between the Petitioner and the Respondent for adjudication by the independent and impartial Sole Arbitrator or the panel of Arbitration as may be deemed fit and proper by this Hon'ble Court as the award dated 19.01.2011 passed by Joint Secretary and Sole Arbitrator, Dr. Gita Rawat in PMA/BSM04/2006 under the Permanent Machinery of Arbitration in favour of the petitioner being outside THE framework of law governing Arbitration AND AS SUCH will not be legally enforceable in a court of law in view of the judgment rendered by Hon'ble Supreme Court in the case of Northern Coalfields Ltd versus Heavy Engineering Corporation Ltd & Ors reported in (2016) 8 SCC 685 wherein the Hon'ble Supreme Court has, interalia, held that the award made by Arbitrator under the Permanent Machinery of Arbitration was outside the statute regulating Arbitration in this Country and, therefore, was not executable in law and accordingly held that such an award is outside the purview of Arbitration Act 1940 and also under the Arbitration and Conciliation Act, 1996 and accordingly referred the matter in the said case to the sole arbitrator for the adjudication of the dispute and relying upon the said judgment the Ld. Commercial Court, Ranchi vide order dated 22.11.2017 passed in Misc. Case No. 16/2011 filed by JSEB u/s 34 of the Arbitration and Conciliation Act, 1996 challenging the said Award dated 19.01.2011 was pleased to dismiss the said application filed by JSEB.
Relying upon the judgment rendered by the Hon'ble Apex Court in North Coal Field Ltd Vs Heavy Engineers Corporation Ltd. & Anr reported in (2016) 8 SCC 685, I find that the petition filed U/s 34 of the Arbitration and Conciliation Act filed by the petitioners for setting aside the award dated 19.01.2011 published by Smt. Geeta Rawat, Sole Arbitrator, Permanent Machinery of Arbitration is outside the purview of the Arbitration and Conciliation Act and therefore, it can not be entertained by this court and accordingly the objection petition dated 25/11/2011 is allowed and the petition filed U/s 34 of Arbitration and Conciliation Act for setting aside the award of PMA dated 11/04/2011 is accordingly dismissed as not maintainable with liberty to the parties to pursue in accordance with law whatever remedies are available to them in respect of the grievances qua award dated 19.01.2011."