Legal Briefs: Sec 18 of MSME Act is binding on facilitation council: HC
2 weeks, 3 days ago

Legal Briefs: Sec 18 of MSME Act is binding on facilitation council: HC

Deccan Chronicle  

Hyderabad: A two-judge panel of the Telangana High Court ruled that the Andhra Pradesh State Micro and Small Enterprises Facilitation Council is bound to follow Section 18 of Micro, Small, Medium Enterprises Development Act, 2006. It was the grievance of the petitioner that the council without following due process as envisaged under the MSME Act had passed an award on March 31, 2012. State asked to decide on revision petition challenging Rs 8.3 crore penalty Justice Moushumi Bhattacharya of the Telangana High Court directed the state to decide on the revision petition filed by Mahalaxmi Associates against a penalty of about Rs 8.3 crore imposed on it by the assistant director of mines and geology. Counsel for the petitioner informed the court that the revision filed by his client under Rule 35-A of The Telangana State Minor Mineral Concession Rules, 1966, was pending before the authorities since August 22.

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History of this topic

MSME Council Award Can Be Challenged Only U/S 34 Of Arbitration Act, Not Under Articles 226 Or 227: Orissa High Court
1 month, 3 weeks ago

MSME Council Award Can Be Challenged Only U/S 34 Of Arbitration Act, Not Under Articles 226 Or 227: Orissa High Court

Live Law  

The Odisha High Court bench of Chief Justice Chakradhari Sharan Singh and Justice Murahari Sri Raman has upheld that an arbitral award passed by the Micro and Small Enterprises Facilitation Council could only be challenged in accordance with Section 34 of the Arbitration and Conciliation Act, 1996, as mandated by Section 19 of the MSMED Act. Contentions: Mr. Sudipto Sarkar, …

Allahabad High Court Dismisses Writ Petition Against Facilitation Council Award For Lack Of Mandatory Pre-Deposit U/S 19 MSME Act
7 months ago

Allahabad High Court Dismisses Writ Petition Against Facilitation Council Award For Lack Of Mandatory Pre-Deposit U/S 19 MSME Act

Live Law  

The Allahabad High Court has dismissed a writ petition challenging the award passed by the Zonal Micro and Small Enterprises, Facilitation Council, Meerut Zone, Meerut under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 as the petitioners, Tamil Nadu Generation And Distribution Corporation Limited and others, had refused to make the mandatory pre-deposit under Section 19 …

[S.18 MSMED Act] Arbitration Agreement Pending Adjudication By Facilitation Council Is Eclipsed, Not Obliterated: Calcutta High Court
9 months, 2 weeks ago

[S.18 MSMED Act] Arbitration Agreement Pending Adjudication By Facilitation Council Is Eclipsed, Not Obliterated: Calcutta High Court

Live Law  

The Calcutta High Court has recently held that an arbitration agreement pending adjudication by the facilitation council is eclipsed not obliterated.A single bench of Justice Moushumi Bhattacharya held:There is nothing in the MSMED Act to suggest, least of all section 18, that the arbitration conducted by the Facilitation Council would subsume the arbitration agreement between the parties. The Calcutta High …

MSME Facilitation Council Can't Arbitrate Matters Pertaining To Individual Service Providers Outside The Scope Of MSME Act: Delhi High Court
10 months, 1 week ago

MSME Facilitation Council Can't Arbitrate Matters Pertaining To Individual Service Providers Outside The Scope Of MSME Act: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Prateek Jalan held that the MSME Facilitation Council does not have the jurisdiction to arbitrate matters pertaining to individual service providers who do not fall under the definition of 'supplier' under the MSME Act. The Petitioner approached the Delhi High Court and filed an application under Section 34 of the Arbitration and …

Can't Invoke Writ Jurisdiction To Challenge Award Under MSME Act, Without Availing Remedy U/S 34 Of A&C Act; Delhi High Court
10 months, 3 weeks ago

Can't Invoke Writ Jurisdiction To Challenge Award Under MSME Act, Without Availing Remedy U/S 34 Of A&C Act; Delhi High Court

Live Law  

The Delhi High Court division bench of the Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora held that a party cannot file a writ petition under Article 226/227 challenging the arbitration award under Micro, Small, and Medium Enterprises Development Act, 2006 without taking recourse to a statutory remedy for challenging an award under Section 34 of the Arbitration …

Writ Petition Against An Award Passed By A Facilitation Council Under MSMED Act Not Maintainable: Supreme Court
1 year, 1 month ago

Writ Petition Against An Award Passed By A Facilitation Council Under MSMED Act Not Maintainable: Supreme Court

Live Law  

The Supreme Court recently held that a writ petition against an award passed by a Facilitation Council under the Micro, Small and Medium Enterprises Development Act, 2006 would not be maintainable. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra held that the correct remedy against an award under the Act was provided under Section 34 …

MSMED Act | Facilitation Council Must Adjudicate On Interest Component Itself- Cannot Delegate To Chartered Accountant: Calcutta High Court
1 year, 2 months ago

MSMED Act | Facilitation Council Must Adjudicate On Interest Component Itself- Cannot Delegate To Chartered Accountant: Calcutta High Court

Live Law  

Calcutta High Court in holding that the MSME Council could not ‘desert the task of decision making’ to a Chartered Accountant, who was not on the Council/arbitral tribunal under the MSMED Act, a single-bench of Justice Moushumi Bhattacharya observed: Section 31 of the 1996 Act requires the arbitral tribunal to give reasons upon which the award is based subject to …

A ‘Medium’ Enterprise Can Approach MSEF Council If It Was A ‘Micro Or Small’ Enterprise At The Relevant Time: Delhi High Court
1 year, 5 months ago

A ‘Medium’ Enterprise Can Approach MSEF Council If It Was A ‘Micro Or Small’ Enterprise At The Relevant Time: Delhi High Court

Live Law  

The Delhi High Court has Court held that the relevant date under the MSMED Act is the date of agreement and additionally the date on which the goods and services were supplied, therefore, a ‘medium’ enterprise can maintain a claim before MSEFC if it was a either a micro or a small enterprise at the relevant time. The MSEFC has …

[S.18 MSME Act] Challenge To Facilitation Council Order Lies With High Court Having Territorial Jurisdiction Over Council: Kerala High Court
1 year, 6 months ago

[S.18 MSME Act] Challenge To Facilitation Council Order Lies With High Court Having Territorial Jurisdiction Over Council: Kerala High Court

Live Law  

The Kerala High Court recently held that the challenge to an order issued by the Facilitation Council under the Micro, Small and Medium Enterprises Development Act, 2006, for a dispute between a supplier and buyer, would lie with the High Court in whose territorial jurisdiction the Facilitation Council is located. A single bench of Justice Viju Abraham observed that under …

Supplying Copies Of Award Certified By MSME Council To The Parties, Not Fair: Himachal Pradesh High Court
1 year, 6 months ago

Supplying Copies Of Award Certified By MSME Council To The Parties, Not Fair: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has ruled that it is the bounden duty of the Arbitrator appointed by the Facilitation Council under the Micro, Small and Medium Enterprises Development Act, 2006 to issue signed copies of the arbitral award to the parties irrespective of the fact whether the parties have contested the proceedings or were proceeded ex-parte. Since the signed …

Uttarakhand High Court Directs Facilitation Council Under MSMED Act To Educate Its Officers About Arbitration Law, To Avoid Flagrant Violation Of Arbitration Act
1 year, 7 months ago

Uttarakhand High Court Directs Facilitation Council Under MSMED Act To Educate Its Officers About Arbitration Law, To Avoid Flagrant Violation Of Arbitration Act

Live Law  

The Uttarakhand High Court has directed the Micro, Small and Medium Enterprises Facilitation Council to organize workshops and seminars to educate its officers, who undertake arbitration proceedings, to equip themselves with the law of Arbitration. The court passed the said direction while hearing an appeal against the decision of the Commercial Court who had set aside the arbitral award passed …

Sec.19 Of MSMED Act Applies To All Kinds Of Challenges : Gujarat High Court
2 years, 1 month ago

Sec.19 Of MSMED Act Applies To All Kinds Of Challenges : Gujarat High Court

Live Law  

The High Court of Gujarat has held that Section 19 of MSMED Act, which provides for 75% deposit of the awarded amount as a pre-condition to challenging any order, award or decree passed in favour of the supplier, applies to all challenge applications regardless of whether the decree, award, order was passed by MSME Council, independent arbitration or the Court. …

Once Registered As MSME, The Nature Of Activity Cannot Be A Bar To Any Relief Under The Act: Andhra Pradesh High Court
2 years, 2 months ago

Once Registered As MSME, The Nature Of Activity Cannot Be A Bar To Any Relief Under The Act: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that once an enterprise is registered with the local MSME Council, it is entitled to all the benefits of the Act and the nature of activity between the parties cannot stand as a bar to any relief provided under the act. On failure of the 3rd respondent to pay the amount, the petitioner …

Writ Not Maintainable Against Admission Of Petition Under Section 34 Of A&C Act Without Pre-Deposit : Orissa High Court
2 years, 3 months ago

Writ Not Maintainable Against Admission Of Petition Under Section 34 Of A&C Act Without Pre-Deposit : Orissa High Court

Live Law  

The Orissa High Court has ruled that the Court cannot entertain a writ petition against an order passed by the lower court admitting the application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the arbitral award, despite the fact that the award debtor had failed to deposit 75% of the awarded amount, as mandated by …

MSMED Act- Facilitation Council Cannot Review Its Own Decisions : Supreme Court
2 years, 3 months ago

MSMED Act- Facilitation Council Cannot Review Its Own Decisions : Supreme Court

Live Law  

The Supreme Court observed that the Micro, Small and Medium Enterprises Development Act does not empower the Facilitation Council to review its own decisions.Every decision of the Facilitation Council is an award, the bench of Justices Indira Banerjee and V. Ramasubramanian said.Ajanta Press and Mechanical Works filed a claim against Bajaj Auto Limited before the Facilitation Council in the. The …

GST Assessment | No Violation Of Natural Justice If Assessee Fails To Respond To Notice Of Personal Hearing: Andhra Pradesh High Court
2 years, 5 months ago

GST Assessment | No Violation Of Natural Justice If Assessee Fails To Respond To Notice Of Personal Hearing: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently dismissed a challenge to the Assessment Order issued to the Petitioner under GST Act, 2017 on the ground that there has been no violation of principles of natural justice as a notice of personal hearing was issued and the Petitioner was given the opportunity to raise objections but he never responded. Brief Facts The …

Scope Of Discretion To Stay Award U/S 19 MSME Act Wider Than U/S 36(3) Arbitration Act: Calcutta High Court
2 years, 9 months ago

Scope Of Discretion To Stay Award U/S 19 MSME Act Wider Than U/S 36(3) Arbitration Act: Calcutta High Court

Live Law  

The Calcutta High Court has recently observed that the discretion conferred upon a Court to stay an award or a decree under Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 is broader in scope compared to Section 36 of the Arbitration and Conciliation Act, 1996 where the discretion is limited to granting stay of an award …

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