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    Question

    No special treatment can be given to the government when

    considering an application for stay of the award was held by the Apex Court in the case of?
    A PAM Developments Pvt. Ltd. v. State of West Bengal Correct Answer Incorrect Answer
    B M/S Geo Miller & Co. Pvt. Ltd. v. Chairman, Rajasthan Vidyututpadan Nigam Ltd. Correct Answer Incorrect Answer
    C Sangyong Engineering & Construction Co. Ltd. v. National Highways Authority of India Correct Answer Incorrect Answer
    D None of the above. Correct Answer Incorrect Answer

    Solution

    In the case of- PAM Developments Pvt. Ltd. v. State of West Bengal- The Supreme Court held that the Arbitration Act, 1996 mandates that parties to the arbitration are treated equally; No special treatment can be given to the government when considering an application for stay of the award. Sangyong Engineering & Construction Co. Ltd. v. National Highways Authority of India- In this case the Court clarified that under no circumstance can any Court interfere with an arbitral award on the ground that justice has not been done in the opinion of the Court. That would be an entry into the merits of the dispute which is contrary to the ethos of Section 34 of the 1996 Act. M/S Geo Miller & Co. Pvt. Ltd. v. Chairman, Rajasthan Vidyututpadan Nigam Ltd- The period during which the parties were bona fide negotiating towards an amicable settlement may be excluded for the purpose of computing the period of limitation for reference to arbitration under the 1996   Act.

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