India that the
existing Administrative Mechanism for Resolution of
Commercial Disputes(AMRCD), currently applicable
to commercial disputes between CPSEs inter se and
also between CPSEs ... effective
implementation of the existing Administrative
Mechanism for Resolution of CPSES Disputes
(AMRCD) and extension of its applicability to all the
Government Departments/Ministries
Department(s)/Organisation(s) viz. -
Administrative Mechanism for Resolution of CPSEs
Disputes (AMRCD)", whereunder, an Administrative
mechanism for resolution of CPSEs disputes has been ... their disputes amicably under the Administrative
Mechanism for Resolution of CPSEs Disputes (AMRCD).
3. Mr. Dayan Krishnan, learned Senior Advocate appearing
for the appellants states
Administrative Mechanism for Resolution of Central Public
Sector Enterprises Disputes (AMRCD) in accordance with the Circulars
and Office Memoranda issued by the Government of India ... have jurisdiction to pass any order referring the matter to the
AMRCD and that the petitioner should withdraw the applications and
approach the Alternative Dispute
Government Department(s)/Organization(s) -
Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD)’ (for
short, the “AMRCD Memorandum”), issued by the Ministry of Finance,
Department ... Public Enterprises, Government of India. She submitted that
the AMRCD Memorandum has been formulated with a view to provide a
Special Leave Petition
DIVYA SHARMA
Signing Date:20.10.2022
12:32:11
2022/DHC/004387
Disputes(AMRCD), currently applicable to commercial
disputes between CPSEs inter se and also between ... MTNL (supra)
"4. The Government of India has now set up AMRCD, which has
replaced the Permanent Machinery of Arbitration (PMA). The
objective
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 ... 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
refer the matter to the
Administrative Mechanism for Resolution of CPSEs Disputes
(AMRCD).
This Court however took note that on two earlier occasions,
the matter ... between the parties to the
Administrative Mechanism for Resolution of CPSEs Disputes
(AMRCD) in substitution of the arbitral tribunal.
3. The Government of India
finding that the Alternate Mechanism
for Resolution of Commercial Disputes ('AMRCD' in short)
provided in the office memorandum in respect of public
sector ... difference shall be
taken up by either party for its resolution through
AMRCD.
..........................................
6. Arbitration Clause
(i) The CPSEs will ensure inclusion of a clause
case, KoPT and the contractor/HSCL needs to be referred to the
AMRCD, which is the internal administrative dispute resolving mechanism.
Therefore ... KoPT to terminate the contract without referring the matter to the
AMRCD. The Hon'ble Single Bench also found that prior litigation initiated
finding that
the Alternate Mechanism for Resolution of Commercial Disputes
('AMRCD' in short) provided in the office memorandum in respect of
3
public ... difference shall be taken up by either party for its
resolution through AMRCD.
..........................................
6. Arbitration Clause
(i) The CPSEs will ensure inclusion of a clause
