2015 (1) TMI 902

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....tional Advocate General, Ganesh Purohit with Abhishek Oswal and Sushrut Dharmadhikari, Counsels, for the Respondent. ORDER Shri Vipul Sharma, learned counsel for the petitioner. 2. Shri K.S. Wadhwa, learned Additional Advocate General for Respondent No. 1. 3. Shri Ganesh Purohit, learned Senior Counsel with Shri Abhishek Oswal, learned counsel for Respondent No. 2. 4.&emsp....

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.... agreement was for a period of 3 years from 5-7-2005 to 4-7-2008 and by virtue of the extension clause, the agreement was extended on 17-6-2008 for a period of one year. During the execution of the agreement, the Finance Act, 1994 was amended w.e.f. 1-6-2007 and a provision for imposition of Service Tax for mining activities was incorporated as per Section 105 (zzzy). When this provision for Servi....

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....ems that in pursuance to the claim made by the petitioner, Respondent No. 5 has been appointed as an Arbitrator, now the Arbitrator is seized of the matter and in the meanwhile, petitioner has approached this Court in this petition under Article 226 of the Constitution invoking a writ jurisdiction and seek interference into the matter for issuing a mandamus to the respondents for restraining them ....

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....on argued that once there is an arbitration clause and the petitioner has already invoked the arbitration clause, this Court should not interfere into the matter. Shri Purohit, learned Senior Counsel further refers to the judgment of this Court in the case of Ravishankar Jaiswal v. Jabalpur Development Authority - 2011 (22) S.T.R. 5 (M.P.) Annexure R2 to canvass a contention that a Commercial Tran....