then the
matter shall not be referred to arbitration at all. It necessitates to
reproduce the Arbitration Clause 13 for quick appreciation. The said
Clause ... 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
Public
Sector Enterprises shall be referred by either party for
Arbitration to the PMA (Permanent Machinery-of Arbitration)
in the department of Public Enterprises
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
permanent machinery of arbitration in
the department of Public Enterprises. Perusal of its
various clauses show procedure for such arbitration.
No doubt, part XIII therein ... differences shall be settled through
Arbitration in terms of Office Memorandum
(OM) No.DPE/4(10)/2001-PMA-GLI dated 22nd
January, 2004 Govt
regarding existence or otherwise of
the arbitration clause, it would be useful for us to
reproduce the arbitration clause contained in the
agreement dated ... Public
Enterprises Notification No. 3/5/93-PMA, dt. 30/06/1993
or its amendments for arbitration shall be applicable. This
is reproduced as below
amount shall be kept with the registry of this Court
till the arbitration culminates.
iv) In addition, the applicant shall deposit Rs.10,000/- with ... share and therefore, the liability of the
expenditure of the arbitration proceedings should be
determined accordingly. In my view, it would not be
appropriate
Shree Datta Krupa Associates, ... vs M/S Pma Constructions Co., Nagpur Thr. ... on 16 September, 2022
Author: Vinay Joshi
Bench: V. G. Joshi
1 27mca584 ... 2022
(M/s. Shree Datta Krupa Associates Vs. M/s. PMA Construction Co.)
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Office Notes, Office Memoranda of Coram, Court's or Judge
M/S Shree Datta Krupa Associates, ... vs M/S Pma Constructions Co., Nagpur Thr. ... on