Public Sector Enterprises shall be referred by
either party for Arbitration to the PMA (Permanent
8
Machinery of Arbitration) in the department of Public
Enterprises ... Sector Enterprises are to be referred by either party
for Arbitration to the PMA (Permanent Machinery of
Arbitration) in the Department of Public Enterprises
arbitration.
The defendant further submits that in terms of the said order dated
24th November, 2015 the plaintiff approached the Permanent Machinery of
Arbitration (PMA
seeking
leave to proceed in arbitration against the company (in liquidation) before
the Permanent Machinery of Arbitration (PMA) that looks into the disputes
between
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
granting permission to the applicant to continue with the
arbitration proceedings in PMA against the company (in
liquidation). The case of the petitioner is that ... taken a decision on 13th May, 2008
and granted continuation of the arbitration proceedings subject to
permission of this Court. Hence the instant application
Department of Public Enterprises. The
Arbitration and Conciliation Act, 1996 shall not be applicable to
arbitration under this clause. The award of the arbitrator shall ... followed in the arbitration shall be as
mentioned above, which is as per O.M.No.4(1)/2011-DPE(PMA)GL dated