there is
no Arbitration agreement between the parties. According to him, the
petitioner has invoked the arbitration clause under PMA. The petition
under Section ... clause in PMA. It is to be seen whether PMA encompass
in itself the issue related to tower rental to attract the arbitration clause
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
Public Sector
Enterprises shall be referred by either party for
Arbitration to the PMA (Permanent Machinery of
Arbitration) in the department of Public
Enterprises
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
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
written arbitration agreement
was signed between the parties. A copy of the arbitration
agreement has also not been attached with the instant
petition. Neither ... between the petitioner and
respondent No.1 and even if an arbitration clause is there
in the contract between NTPC and Respondent
