clause permitting the same. The counsel further argued that even if the MOU
stood cancelled, the arbitration clause would survive the cancellation ... Companies adopted the MOUs. Even if it is
assumed that the arbitration clause survives even after cancellation, as all
respondents are not party
applicant to rely on the arbitration clause contained therein. The supplemental agreement does not contain any arbitration clause. Relying on Ramdas v. Orient Pictures ... under the original agreement containing an arbitration clause are materially altered by a subsequent agreement containing no arbitration clause then suit on both the agreements
State Commission. They further observed that although there was an Arbitration Clause in the Agreement yet under Section 3 of the Consumer Protection ... Opposites Parties that the Arbitration clause is there, therefore, Consumer Complaint before this Commission is not maintainable, does not survive. The State Commission further observed
place of arbitration and sitting/ venue
shall be in Mumbai. The language of arbitration
proceeding shall be in English. This Clause shall
Comp ... survive the termination of this Agreement. The cost of
arbitration shall be shared equally by the parties."
16. Any dispute arising
complicated needs to be decided by the Civil Court. Also there is clause in the
agreement that in case of dispute the issue ... caused insult and injury
to complainant.
c. The Arbitration clause and complicated nature does not survive before
the statutory provisions of Consumer Protection
Arbitrator appointed in terms of the Arbitration Agreement contained
in clause 17.2 of the First MOU and Clause 5.2 of the Second MOU
and there ... dressed up petition' to steer clear of the arbitration clause
contained in the two MOUs. Per contra it is submitted on behalf of
Respondent
terms of or in furtherance of this MOU shall be
referred to arbitration of Miss. Swati Sagvekar, Advocate,
having his / her office at Building ... arbitration
proceedings shall be held at Mumbai and shall be
conducted in English language only. The provisions of this
clause shall survive the termination
obligations in benefit sharing
clauses survive the termination of the agreement, events limiting
liability (natural calamities), arbitration, any confidentiality clause.
(7) The conditions for access
obligations in benefit sharing
clauses survive the termination of the agreement, events limiting
liability (natural calamities), arbitration, any confidentiality clause.
(7) The conditions for access
covered under the Policy and the same
falls under the above said clause. Whatever amount was
permissible, as per the Policy, was reimbursed ... cause of action survives to the complainant and
the complaint filed by him is not maintainable. The Policy includes
the arbitration clause and the dispute
