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Punjab State Power Corporation V/S V.EMTA Coal Ltd & Anr.

A simple technique which is used to solve disputes outside the courts, in which a third party reviews the case and imposes a decision is known as Arbitration. Arbitration is very Important in today's World, or else people will fall into the case like Punjab State Power Corporation.

On 8th January, 2017, The Petitioner ( Punjab State Corporation ) filed a writ petition against The Arbitral Tribunal EMTA Coal Ltd.& Arn. As, the petition was filed just at the last moment before the conclusion of the arbitral Tribunal the Court dismissed the petition presented by the Punjab State Power Corporation. The High Court dismissed the writ petition because, this petition was filed under Article 277 of the constitution which went against section 16 of the Arbitral act.

From the petitioner side, the learned counsel K.V. Vishwanathan took the case forward to the Supreme Court. Referring to the judgement passed by the Supreme Court in the case of Deep Industries Ltd V/S Oil and Natural Gas Corporation Ltd, Shri Vishwanathan was made to say that there was a patent lack of inheriting Jurisdiction, which is, there is no "Third Party" referred in this case and their writ petition should not be dismissed as well. After hearing this, The Honourable Supreme Court said that the parties at the wrong place while referring to the Deep Industries Limited V/S Oil and Natural Gas Corporation limited, because there was no patent lack of inherent jurisdiction. But the court also said that there is a patent lack of inherent jurisdiction present in the current case. And on this ground, the High Court could have dismissed the writ petition, instead of dismissing on any other ground.

Therefore, as the case is discussed above, it is very clear that, if there is a mention of arbitration agreement or arbitration clause in any contract, "An Arbitrator" should be appointed as a third party to come to any favorable conclusion for both the parties involved in the case.

Why to Choose PrivateCourt?

PrivateCourt is a Mumbai based company that provides disputes resolution facilities by the method of "Arbitration" and "Mediation". If you are an aspiring Entrepreneur or a freelancer and you fall into a dispute with someone or your colleagues, then choose PrivateCourt. PrivateCourt uses technology to aid in the resolution of disputes i.e. telephones, Internet, etc. Hence, people don't have to go to court at the time of their hearing. Therefore, PrivateCourt assures you safe, convenient and quick service.

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Source: Prime legal

-By Priya Kumari.

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