rights, logos or
any other copyright that might be created in future. PMA has to comply
with all requirements of ICL in respect of invoicing ... beyond the
reasonable control of either party or due to negligence of PMA in
storage, the assessee shall replace the prepaid simcards/recharge
coupons subject
Respondent before us, to the Permanent
Machinery of Arbitrators (PMA). It is noteworthy that both
the parties are „public sector enterprises‟ and hence ought ... Public Enterprises,
requesting for a Reference of the claims to the PMA which
declined to intervene on the specious ground that the
Arbitration Clause
dispute resolution mechanism under the
Permanent Machinery of Arbitrators (hereinafter 'PMA'), was allowed.
2. The parties are Central Public Sector Enterprises ... Government, had
agreed for resolution of their disputes through the mechanism of PMA. The
W.P.(C) 3570/2012 Page 1 of 8
principal controversy
whether the Permanent Machinery of Arbitrators (hereinafter
referred to as the "PMA") is null and void as being unconstitutional. And,
whether it would ... open for the petitioner to challenge the PMA after
having agreed to refer the disputes to PMA and after having participated in
those proceedings
Arbitrator appointed
under the Permanent Machinery for Arbitration (in short 'the PMA'), an
alternate dispute redressal mechanism devised by the Government.
2. Several ... settled in accordance with the stipulations of
Memorandum No. 3/5/93-PMA dated 30/06/93 of Govt. of India,
Ministry of Industry, Deptt
said disputes by
forwarding the same to Permanent Machinery of Arbitration (PMA), as per
the provisions of the circulars issued by the Department of Public ... award;
(iii) that the forum of Permanent Machinery of Arbitration (PMA)
had been established in terms of the decision of the Cabinet
Secretariat in compliance
mechanism of Permanent Machinery of Arbitrators (hereinafter referred
to as 'PMA') is valid and maintainable.
3. Briefly stated, the relevant facts are that ... proceeded to act in terms of the scheme and procedure of PMA. The
said order also called upon the parties (petitioner and EPIL) to complete
arbitrator appointed
under the Permanent Machinery of Arbitration (hereafter 'PMA'). The PMA
was constituted pursuant to the executive order (OM) dated 22.01.2004,
which ... Sector Undertakings to resolve their, inter
se, disputes by arbitration under the PMA.
2. The said OM expressly provided that the "PMA shall
Request for
Proposal‟ for appointment of a „Project Management Agency‟ ("PMA"
hereinafter) in order to rollout Telecom & IT Networking Projects.
Pursuant ... thereby,
appointing M/s Ishan Infotech Ltd. as the PMA.
6. The engagement of M/s Ishan Infotech Ltd., as the PMA for
Telecom
complaint having been received alleging that the Global Group Revenue, as
3 PMA
W.P.(C) 8047/2022 Page 4 of 57
Signature Not Verified ... which JBM Ecolife was an applicant.
7. IFCI, which was the PMA for the purposes of the PLI Scheme,
thereafter and on 29 April