Money Suit No.15/2009, which is referred for arbitration
to the PMA by the learned Civil Judge on 20.8.2010.
9. In response ... private party, it is made
clear that the arbitration proceeding before the PMA as ordered, should continue
only between the plaintiff and the defendants
Arbitration and
Conciliation Act, 1996.
The parties entered into a contract. Such fact is not disputed.
The contract contains an arbitration clause which ... Public Sector Enterprises shall
be referred by either party for Arbitration to the PMA (Permanent
Machinery of Arbitration) in the department of Public Enterprises
Public Sector Enterprises shall be
referred by either party for Arbitration to the PMA (Permanent Machinery
of Arbitration) in the department of Public Enterprises
Public Sector Enterprises
shall be referred by either party for Arbitration to the PMA (Permanent
Machinery of Arbitration) in the Department of Public Enterprises
under:-
" ARTICLE 31 : ARBITRATION
The arbitration proceedings shall be in
accordance with OM No.3/5/93-PMA
dated 30/6/93, Govt ... Project Management
Service indicates that the arbitration shall be in accordance
with OM No.3/5/93-PMA dated 30.6.1993, Government
defines the term "arbitration agreement" and
Section 11 deals with the appointment of arbitration by mutual consent or through court. Construing these provisions ... disputes through arbitration has been laid by invoking the arbitration agreement and not be denouncing it. It is only when the arbitration is demanded that
HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY AND ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION PETITION NO.37 OF 2017
Caprihans India Limited ..Petitioner
Vs.
Hindoostan Mills ... JUDGMENT :
1 Petitioner is impugning under Section 34 of the Arbitration and
Conciliation Act 1996 (the said Act) part of the Majority Arbitral Award
dated
under:
(i) Whether the clause in question constitutes a valid
arbitration agreement between the parties or not?
(ii) If the first question is answered ... Paper Merchant Association Regd.,
Delhi ('PMA') and therefore are not bound by its
arbitration mechanism?
(iii) Whether the award passed by the Arbitrator
Arbitration to
4 Arb. Application No. 10 of 2023
the PMA (Permanent Machinery of Arbitration) in the
department of Public Enterprises.
In case of parties
Periyapalayem (PO)
Tirupur - 641 607. ... Respondent
Arbitration Original Petition filed under Section 11(6) of the
Arbitration and Conciliation Act, 1996 to
(a) Appoint ... petitioner and
respondent qua primary contract i.e., PMA Agreement dated 10.04.2012 in
the light of arbitration clause thereat namely, clause 19 and render
