provision defeats the very object of
alternate dispute resolution system. In Fiza Developers and
Inter-trade Pvt. Ltd. Vs AMCI (India) Pvt. Ltd. Reported ... accordance with Section 36 ." The decisions in NALCO
(supra) and Fiza Developers and Intra-trade Pvt. Ltd.
(supra) overlook this statutory position. These words
upon the decision of the Apex
Court in the case of Fiza Developers & Inter-Trade P. Ltd. Vs.
AMCI (I) Ltd. And another ... that the decision of
the Apex Court in the case of Fiza Developers & Inter-Trade P. Ltd.
(supra) lays down the law that issues
contrary to the judgment passed by the Supreme Court in
Fiza Developers and Inter Trade Private Limited Vs. AMCI (India)
Private Limited and another reported ... laid down by the
Supreme Court in the case of Fiza Developers and Inter-
Trade (supra).
Learned Senior counsel for the parties undertake before this
therefore
overrule the said decision. We are constrained to
observe that Fiza Developers (supra) was a step in the
right direction as its ultimate ratio ... 2756/16 taking note of
the judgment in the case of Fiza Developers & Inter-Trade P.
Ltd. Vs. AMCI (I) Ltd and another reported
issue in the case at hand. The
decision in Fiza Developers and Inter-Trade
W.P. No.2732/2017 3
Private Limited (supra) has been ... judgment of the Supreme Court in the
case of Fiza Developers & Inter-Trade P.Ltd. Vs. AMCI (I) Ltd.
& Another as reported
Committee, Pune 2017 (8) SCC 603 (paras 12 &
13) and Fiza Developers & Inter-Trade (P) Ltd. Vs. Amci
upon the judgment of the supreme court in the
matter of Fiza Developers & Inter-Trade Pvt. Ltd Vs.
AMCI(India) Pvt. Ltd & another
though no specific challenge is made by a party.
25. In Fiza Developers & Inter-Trade (P) Ltd Vs. Amci
judgment of the Apex Court in
the case of Fiza Developers and Inter-Trade Private Limited Vs.
AMCI(India) Private Limited and Another
authoritative decision of the Apex court in the case of
Fiza Developers & Inter-Trade P. Ltd. Vs. AMCI(I) Ltd. &
Another reported ... relevant extracts of the Apex court decision in
the case of Fiza Developers (supra) are reproduced below:-
"10. We may therefore examine the question
