M/S.Northern Coalfields Ltd vs Heavy Engineering Corp.Ltd. & Anr on 13 July, 2016
8) The Permanent Machinery of Arbitration (PMA) had been
set in place earlier than the judgment in the ONGC case,
as noticed in Northern Coalfields (supra) in March, 1989.
Yet in the summary contained in para 23, this Court,
instead of appreciating that the Committee on Disputes was
set up judicially, and ran parallel to the Permanent
Machinery of Arbitration, appears to have combined the two
in requiring permission from the CoD to refer disputes
already finally decided by the PMA to a litigative process
while the CoD was in place, as was held in para 24 of the
said judgment.