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Showing contexts for: AMRCD in M/S Vijay Agro vs Bharat Petroleum Corp. Ltd. And Ors on 24 May, 2022Matching Fragments
4. Learned counsel appearing on behalf of BPCL showed this Court the copy of Office Memorandum dated 22nd May, 2018 issued by the Ministry of Heavy Industries and Public Enterprises, Department of Public Enterprises, Government of India, on subject of "Settlement of commercial disputes between Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and Government Department(s)/Organization(s) - Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) where under the administrative mechanism for resolution of CPSEs disputes have been spelt out.
12. Learned counsel for BPCL submitted that the lease rent, if any, not paid shall be paid on the invoice issued by DTTDC/R-1.
13. In view of the above facts and circumstances, this Court is of the view that the dispute between two Government undertakings should be resolved amicably and both the parties have tried to settle the matter in the past also. Now, since an administrative mechanism is available as per Office Memorandum dated 22nd May, 2018 issued by the Ministry of Heavy Industries and Public Enterprises, Department of Public Enterprises, Government of India for settling the disputes between the Government Organisation as well as the organisation belongs to the State too, BPCL has decided to invoke AMRCD mechanism by approaching AMRCD committee for settling their disputes with DTTDC Ltd. Learned counsel for DTTDC Ltd. has no objection for settling the disputes.
14. Accordingly, both the parties are directed to approach the Departmental Ministry and after approaching the Departmental Ministry, both the parties shall file appropriate application for resolving the dispute invoking the AMRCD mechanism as per Office Memorandum dated 22 nd May, 2018 within three weeks. AMRCD Committee is also directed to resolve the disputes between both the Government Organisations and take appropriate decisions after hearing both the parties and after perusing the material on record in accordance with law. Both the parties are at liberty to approach before this Court after the decision of the AMRCD Committee.
15. No coercive order shall be passed till the final decision of AMRCD Committee. AMRCD Committee is directed to take a decision preferably within three months and status quo shall be maintained by both the parties till the decision of the committee.
16. Accordingly, the instant petitions are disposed of along with pending applications, if any.