Arbitrator Nominated U/S 18(3) MSMED Act Erred In Deciding Merits After Finding Respondent Was Not MSME: Madras HC Upholds Setting Aside Of Award
4 months, 3 weeks ago

Arbitrator Nominated U/S 18(3) MSMED Act Erred In Deciding Merits After Finding Respondent Was Not MSME: Madras HC Upholds Setting Aside Of Award

Live Law  

The Madras High Coury bench of Justices R. Suresh Kumar and C. Saravanan has held that an Arbitrator ought not to decide the case on merits after coming to a conclusion that the respondent was not a Micro, Small, and Medium Enterprise and therefore not entitled to invoke the machinery under the Micro, Small and Medium Enterprises Development Act, 2006. Pursuant to the same, the Sole Arbitrator entered upon reference where the appellant filed an application under Section 18 of the MSMED Act r/w Section 16 of the Arbitration and Conciliation Act, 1996, questioning the arbitrability of the dispute between the appellant and the respondent. The Sole Arbitrator accepted the appellant's contentions that the respondent was not validly registered as an MSME under the MSMED Act as per the Office Memorandum dated 27.06.2017. The court noted that the respondent was an MSME within the meaning of the provisions of MSMED Act and therefore the respondent was entitled to invoke jurisdiction of the MSEFC under Section 18 of MSMED Act. The court noted that before the MSEFC, the appellant had acquiesced in the proceedings under MSMED Act and had thereafter filed an application under section 18 of MSMED Act r/w section 16 of the Arbitration Act, questioning locus standi of the respondent to invoke jurisdiction/machinery under the provisions of Section 18 of MSMED Act.

Arbitration Court Conciliation Case Respondent Act Msme Arbitrator Appellant Msmed Act Msmed W Section Msefc  nominated  respondent  upholds  msme  hc  finding  arbitration  case  conciliation  madras  act  arbitrator  setting  merits  msmed  court  appellant

History of this topic

Court Can Appoint Arbitrator U/S 11(6) Of Arbitration Act If MSME Council Fails To Initiate Mediation U/S 18 Of MSMED Act: Delhi HC
6 days, 20 hours ago

Court Can Appoint Arbitrator U/S 11(6) Of Arbitration Act If MSME Council Fails To Initiate Mediation U/S 18 Of MSMED Act: Delhi HC

Live Law  

The Delhi High Court bench of Justice Jasmeet Singh has held that When the Facilitation Council under the Micro, Small, and Medium Enterprises Development Act fails to initiate the mediation process under Section 18 of the MSMED Act, the court can appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. If the Facilitation Council fails to …

MSMED Act Will Prevail Over Arbitration Act In Disputes Pertaining To A Party Which Is An MSME: Delhi High Court
1 month ago

MSMED Act Will Prevail Over Arbitration Act In Disputes Pertaining To A Party Which Is An MSME: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Manoj Kumar Ohri has reiterated that the Arbitration and Conciliation Act, 1996 is a general law governing the field of arbitration whereas the MSMED Act, 2006 governing a very specific nature of disputes concerning MSMEs, is a specific law and being a specific law would prevail over Arbitration and Conciliation Act, 1996. Observations …

[MSMED Act] Pre-Deposit Of 75% Of Awarded Amount While Challenging Award Cannot Be Scuttled By Petition Under Article 227: J&K High Court
1 month, 2 weeks ago

[MSMED Act] Pre-Deposit Of 75% Of Awarded Amount While Challenging Award Cannot Be Scuttled By Petition Under Article 227: J&K High Court

Live Law  

The Jammu and Kashmir High Court held that an award passed under the Micro, Small & Medium Enterprises Development Act cannot be challenged before the High Court, as the statutory remedy provided under the Act itself must be exhausted by the aggrieved party. The court said that the present petition filed by the petitioners is nothing but a misconceived exercise, …

Violation Of Provisions Of Arbitration Act Or MSMED Act Can Be Adjudicated By Court U/S 34 Of Arbitration Act: Orissa High Court
2 months ago

Violation Of Provisions Of Arbitration Act Or MSMED Act Can Be Adjudicated By Court U/S 34 Of Arbitration Act: Orissa High Court

Live Law  

An Orissa High Court bench of Justice K.R. Mohapatra has dismissed a writ petition upon holding that the petitioner, without availing the efficacious statutory remedy u/s 34 of the Arbitration Act had approached the Court under Articles 226 and 227 of the Constitution for which the Court was not inclined to exercise its discretionary power to entertain it. Additionally, the …

MSMED Act | Is Writ Maintainable Against MSEFC Award? Can MSEFC Members Act As Arbitrators ? Supreme Court Refers To Larger Bench
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2 months, 1 week ago

MSMED Act | Is Writ Maintainable Against MSEFC Award? Can MSEFC Members Act As Arbitrators ? Supreme Court Refers To Larger Bench

Live Law  

The Supreme Court today opined that the party aggrieved by an order/award of the Micro and Small Enterprises Facilitation Council passed under Section 18 of the Micro, Small, and Medium Enterprises Development Act, 2006 can file a writ petition under Article 226 of the Constitution before the High Court. However, upon noting that a contrary view was expressed in the …

MSMED Act | Is Writ Maintainable Against MSEFC Award? Can MSEFC Members Act As Arbitrators ? Supreme Court Refers To Larger Bench
2 months, 1 week ago

MSMED Act | Is Writ Maintainable Against MSEFC Award? Can MSEFC Members Act As Arbitrators ? Supreme Court Refers To Larger Bench

Live Law  

The Supreme Court today opined that the party aggrieved by an order/award of the Micro and Small Enterprises Facilitation Council passed under Section 18 of the Micro, Small, and Medium Enterprises Development Act, 2006 can file a writ petition under Article 226 of the Constitution before the High Court. However, upon noting that a contrary view was expressed in the …

Arbitral Award Cannot Be Challenged In Writ Petition, Party Must Use Remedy U/S 34 Of Arbitration Act: Delhi High Court
2 months, 2 weeks ago

Arbitral Award Cannot Be Challenged In Writ Petition, Party Must Use Remedy U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Sachin Datta has held that it cannot entertain a writ petition challenging an arbitral award, and the petitioner should challenge the award by taking recourse to appropriate remedies under Section 34 of the Arbitration Act. Brief Facts: The present petition challenged an arbitral award passed pursuant to reference to arbitration under Section 18 …

Can Unregistered MSMEs Avail Dispute Settlement Under S.18 MSMED Act? Supreme Court Refers To Larger Bench
2 months, 2 weeks ago

Can Unregistered MSMEs Avail Dispute Settlement Under S.18 MSMED Act? Supreme Court Refers To Larger Bench

Live Law  

The Supreme Court today observed that for invoking the payment dispute resolution mechanism under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006, it is not mandatory for the MSMEs to have prior registration under Section 8 of MSMED Act i.e., filing of an Entrepreneur's Memorandum. Rejecting the argument that only registered enterprises at the time of …

Jammu & Kashmir High Court Stays ₹11.52 Crore Arbitral Award Against UT In MSME Dispute
4 months ago

Jammu & Kashmir High Court Stays ₹11.52 Crore Arbitral Award Against UT In MSME Dispute

Live Law  

The Jammu & Kashmir and Ladakh High Court has granted an interim stay on the enforcement of an arbitral award amounting to ₹11.52 crore, issued by the District Level Micro & Small Enterprises Facilitation Council, SAS Nagar, Punjab. The order was passed by Justice Wasim Sadiq Nargal while hearing a writ petition filed by the Public Health Engineering Department of …

Writ Jurisdiction Cannot Be Invoked To Challenge Arbitral Award, Only To Circumvent Statutory Requirement Of S.19 Of MSMED Act: Delhi High Court
4 months ago

Writ Jurisdiction Cannot Be Invoked To Challenge Arbitral Award, Only To Circumvent Statutory Requirement Of S.19 Of MSMED Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sanjeev Narula, while hearing a writ petition challenging an arbitral award passed by the Micro and Small Enterprises Facilitation Council, has held that invoking the writ jurisdiction to challenge an arbitral award would circumvent the statutory requirement of pre-deposit u/s 19 of the MSMED Act, and would amount to defeating the legislative intent. …

MSME Council Award Can Be Challenged Only U/S 34 Of Arbitration Act, Not Under Articles 226 Or 227: Orissa High Court
4 months, 2 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, …

Bombay High Court Retains Exclusive Jurisdiction to Challenge Award Under Section 34 of Arbitration Act
5 months, 1 week ago

Bombay High Court Retains Exclusive Jurisdiction to Challenge Award Under Section 34 of Arbitration Act

Live Law  

The Bombay High Court has ruled that the jurisdiction of the Court to hear the application under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) to challenge the award passed under Section 18(4) of the MSMED Act would be governed by the agreement between the parties which has conferred exclusive jurisdiction to a particular Court.

Bombay HC Revokes Exclusive Jurisdiction of Mumbai Court in Section 34 Application
5 months, 1 week ago

Bombay HC Revokes Exclusive Jurisdiction of Mumbai Court in Section 34 Application

Live Law  

The Bombay High Court has ruled that the jurisdiction of the Court to hear the application under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) to challenge the award passed under Section 18(4) of the MSMED Act would be governed by the agreement between the parties which has conferred exclusive jurisdiction to a particular Court.

Court Under Section 19 Of MSMED Act, 2006 Empowered To Allow Predeposit In Installments: Allahabad High Court
11 months ago

Court Under Section 19 Of MSMED Act, 2006 Empowered To Allow Predeposit In Installments: Allahabad High Court

Live Law  

The Allahabad High Court division bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh held that expression “in the manner directed by such court” in Section 19 of the Micro, Small And Medium Enterprises Development Act, 2006 gives the discretion to the court to allow the predeposit to be made, if felt necessary, in installments also. Section 19 of …

Notice Of Dispute To MSEF Council Under Section 18 Of MSMED Act Can Be Considered As Notice Of Arbitration Under Section 21 Of The A&C Act: Delhi High Court
11 months, 2 weeks ago

Notice Of Dispute To MSEF Council Under Section 18 Of MSMED Act Can Be Considered As Notice Of Arbitration Under Section 21 Of The A&C Act: Delhi High Court

Live Law  

The High Court of Delhi has held that a notice given by a party invoking jurisdiction of MSEF Council under Section 18 of the MSMED Act can be considered to be a notice of arbitration required under Section 21 of the A&C Act. The bench of Justice Pratibha M. Singh held that prior to the judgment of the Supreme Court …

MSMED Act | Service Supplier Registered During Ongoing Contract Can Avail Benefits For Services Provided After Registration: Delhi High Court
11 months, 4 weeks ago

MSMED Act | Service Supplier Registered During Ongoing Contract Can Avail Benefits For Services Provided After Registration: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Subramonium Prasad held that a service supplier, upon registering during an ongoing contract, is eligible to avail benefits under the MSMED Act for services provided after registration. The Petitioner argued that Respondent No.2 registered as an MSME under the MSMED Act after the subcontract date, hence, not entitled to MSMED Act benefits. …

MSME Facilitation Council Can't Arbitrate Matters Pertaining To Individual Service Providers Outside The Scope Of MSME Act: Delhi High Court
1 year 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
1 year, 1 month 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 …

MSME Facilitation Council Can't Refer Enterprises To Arbitration For Contracts They Signed Before Registration Under MSME Act: Delhi H.C.
1 year, 1 month ago

MSME Facilitation Council Can't Refer Enterprises To Arbitration For Contracts They Signed Before Registration Under MSME Act: Delhi H.C.

Live Law  

The Delhi High Court bench comprising Justice Prateek Jalan held that registration under the MSME Act is a prerequisite for availing its benefits, and such benefits cannot be claimed retrospectively for contracts entered into before registration. The bench held that the Micro and Small Enterprises Facilitation Council doesn't have the power to entertain the dispute under Section 18 of the …

Disputes Prior To Registration Under MSME Act Can't Be Referred To MSME Arbitration: Delhi High Court Reiterates
1 year, 1 month ago

Disputes Prior To Registration Under MSME Act Can't Be Referred To MSME Arbitration: Delhi High Court Reiterates

Live Law  

The Delhi High Court bench comprising Justice Subramonium Prasad held that an entity registered under Micro, Small and Medium Enterprises Development Act, 2006 after the commencement of the contract cannot be referred to arbitration by MSME Council under Section 17 and 18 of the Act for the claims arisen before its registration. The Petitioner approached the Delhi High Court and …

MSMED Act 2006 Overrides Arbitration And Conciliation Act 1996 And Any Agreement Entered Into Between Parties: Allahabad HC
1 year, 3 months ago

MSMED Act 2006 Overrides Arbitration And Conciliation Act 1996 And Any Agreement Entered Into Between Parties: Allahabad HC

Live Law  

The Allahabad High Court on Tuesday held that the provision of Micro, Small and Medium Enterprises Development Act, 2006 have an overriding effect on the Arbitration and Conciliation Act 1996 and any agreement entered into between parties. Relying on the decision of the Supreme Court in M/s Silpi Industries vs. Kerala State Road Transport Corporation, the bench comprising of Justice …

Award Under MSMED, Can’t Challenge In Writ Petition For Not Granting Adjournment Sought: Calcutta High Court
1 year, 5 months ago

Award Under MSMED, Can’t Challenge In Writ Petition For Not Granting Adjournment Sought: Calcutta High Court

Live Law  

The High Court of Calcutta has held that an arbitration award passed under MSMED Act cannot be challenged in a writ petition merely on the ground that the petitioner’s request for adjournment was refused by the arbitrator. The bench of Sabyasachi Bhattacharyya held that a party aggrieved by an award passed under MSMED Act has to challenge it under Section …

MSMED Act | Facilitation Council Must Adjudicate On Interest Component Itself- Cannot Delegate To Chartered Accountant: Calcutta High Court
1 year, 5 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 …

Arbitration Cases Weekly Round-Up: 2nd October To 8th October
1 year, 5 months ago

Arbitration Cases Weekly Round-Up: 2nd October To 8th October

Live Law  

High Courts: Calcutta High Court Party Eligible For Interim Protection U/S 9 Arbitration & Conciliation Act, Regressive To Relegate To CPC Procedure: Calcutta High Court Case: Prathyusha- AMR JV vs Orissa Steel Expressway Private Limited Citation: 2023 LiveLaw 304 The Calcutta High Court has recently allowed applications for appointment of arbitrator u/s 11 and for interim protection u/s 9 of …

Arbitral Award Passed By MSEF Council Without Deciding Issue Of Jurisdiction Liable To Be Set Aside: Orissa High Court
1 year, 7 months ago

Arbitral Award Passed By MSEF Council Without Deciding Issue Of Jurisdiction Liable To Be Set Aside: Orissa High Court

Live Law  

The High Court of Orrissa held that an arbitral award passed by the MSEF Council without deciding the Section 16 application filed by the buyer challenging its jurisdiction is liable to be set aside. Contention of the Parties The appellant challenged the impugned judgment on the following grounds: The Learned District Judge went beyond the scope of his powers as …

Whether An Agreement Is A Works Contract Or Not To Be Decided By Arbitrator For Applying MSMED Act: Delhi High Court
1 year, 7 months ago

Whether An Agreement Is A Works Contract Or Not To Be Decided By Arbitrator For Applying MSMED Act: Delhi High Court

Live Law  

The Delhi High Court has held that an issue whether an agreement is in the nature of works contract and the consequent issue of applicability of MSMED Act to such contracts is to be decided by the arbitrator. The Court further reiterated that the MSMED Act would apply when the supplies were made and the bills were raised post the …

Without Pre-Deposit U/S 19 MSMED Act, Application U/S 34 Arbitration Act Remains 'Stillborn’ For Purpose Of Stay: Calcutta High Court
1 year, 7 months ago

Without Pre-Deposit U/S 19 MSMED Act, Application U/S 34 Arbitration Act Remains 'Stillborn’ For Purpose Of Stay: Calcutta High Court

Live Law  

The Calcutta High Court recently dismissed an application filed by the Board of Major Port Authority for the Shyama Prasad Mookerjee Port, Kolkata, for staying the operation of an arbitral award passed by the West Bengal State Micro Small Enterprises Facilitation Council. In refuting the petitioners contention that filing an application u/s 34 of the Arbitration & Conciliation Act, 1996 …

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, 10 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 …

Pendency Of Conciliation Proceedings Before Facilitation Council Under MSMED Act Doesn’t Debar The Court From Appointing Arbitrator Under S. 11 Of Arbitration Act: Calcutta High Court
1 year, 11 months ago

Pendency Of Conciliation Proceedings Before Facilitation Council Under MSMED Act Doesn’t Debar The Court From Appointing Arbitrator Under S. 11 Of Arbitration Act: Calcutta High Court

Live Law  

The Calcutta High Court has held that a prior reference to the Facilitation Council under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006, which is still at the stage of conciliation, does not debar the Court from passing an order under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator on the …

Arbitration Cases Weekly Round-Up: April 02 To April 08, 2023
1 year, 11 months ago

Arbitration Cases Weekly Round-Up: April 02 To April 08, 2023

Live Law  

Bombay High Court: Limited Remedy Available Under S. 34 Of A&C Act Against Award Of Compensation Under NHA, Is Not A Ground To Invoke HC’s Writ Jurisdiction: Bombay High Court Case Title: M/s Omanand Industries & Anr. Calcutta High Court: Facilitation Council Has Exclusive Jurisdiction To Arbitrate Claims After The Supplier’s Registration Under The MSMED Act: Calcutta High Court Case …

‘Seat’ Of Arbitration Would Be Where Facilitation Council Under MSMED Act Conducted Arbitral Proceedings Delhi High Court
2 years, 1 month ago

‘Seat’ Of Arbitration Would Be Where Facilitation Council Under MSMED Act Conducted Arbitral Proceedings Delhi High Court

Live Law  

The Delhi High Court has ruled that the ‘Seat’ of arbitration would be the place where the Facilitation Council under the Micro, Small and Medium Enterprises Development Act, 2006 has conducted the arbitral proceedings as per the provisions of Section 18 of the MSMED Act. The bench of Justice Prateek Jalan remarked that since there was no arbitration agreement between …

Reference Under Section 18(1) Of MSMED Act Would Override Arbitration Agreement Between Parties: Bombay High Court
2 years, 2 months ago

Reference Under Section 18(1) Of MSMED Act Would Override Arbitration Agreement Between Parties: Bombay High Court

Live Law  

The Bombay High Court has ruled that once reference under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 is made and the Facilitation Council is in the process of commencing arbitration under Section 18, the application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of arbitrator cannot be allowed merely because the …

Arbitration Survives Even If Arbitration Under MSMED Act Declared Non-Maintainable: Madras High Court
2 years, 4 months ago

Arbitration Survives Even If Arbitration Under MSMED Act Declared Non-Maintainable: Madras High Court

Live Law  

The Madras High Court has ruled that once a dispute is referred to the Facilitation Council under the Micro, Small and Medium Enterprises Development Act, 2006, if the Facilitation Council adjudicates the dispute on merits, such decision would operate as res judicata and would bar the institution of arbitral proceedings in respect of the same dispute. The High Court ruled …

Sec.19 Of MSMED Act Applies To All Kinds Of Challenges : Gujarat High Court
2 years, 4 months 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. …

MSMED Act - Reference To Facilitation Council Maintainable In Spite Of An Independent Arbitration Agreement Existing Between The Parties : Supreme Court
2 years, 4 months ago

MSMED Act - Reference To Facilitation Council Maintainable In Spite Of An Independent Arbitration Agreement Existing Between The Parties : Supreme Court

Live Law  

The Supreme Court observed that reference made to the Facilitation Council is maintainable in spite of an independent arbitration agreement existing between the parties to whom the Micro, Small and Medium Enterprises Development Act, 2006 is applicable.The Facilitation Council, which had initiated the Conciliation proceedings under Section 18 of the MSMED Act, 2006 would be entitled to act. Whether any …

Sections 15 And 16 Of The MSMED Act Are Mandatory Provisions, Arbitrator Must Assign Reasons For Not Awarding Compound Interest: Delhi High Court
2 years, 8 months ago

Sections 15 And 16 Of The MSMED Act Are Mandatory Provisions, Arbitrator Must Assign Reasons For Not Awarding Compound Interest: Delhi High Court

Live Law  

The High Court of Delhi has affirmed the order of the lower Court by which it had set aside an arbitral award for not awarding interest in terms of Sections 15 and 16 which are mandatory provisions of the MSMED Act. The bench of Justice Vibhu Bakhru and Justice Amit Mahajan held that once the arbitrator has held that MSMED …

The Objection Regarding The Non-Applicability Of The MSMED Act To 'Works Contract' Is To Be Decided In Arbitration By The MSME Council: Calcutta High Court
2 years, 10 months ago

The Objection Regarding The Non-Applicability Of The MSMED Act To 'Works Contract' Is To Be Decided In Arbitration By The MSME Council: Calcutta High Court

Live Law  

The Calcutta High Court held that objections regarding the non-applicability of the MSMED Act to works contract can be decided in arbitration by MSME Council. The Division Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj upheld the order of the Single Bench whereby the petitioner was referred to arbitration before the MSME Council with a direction that his …

Pre Deposit Of 75% Of Awarded Amount As Per Section 19 MSMED Act Is Mandatory To Challenge The Award : Supreme Court
2 years, 11 months ago

Pre Deposit Of 75% Of Awarded Amount As Per Section 19 MSMED Act Is Mandatory To Challenge The Award : Supreme Court

Live Law  

The Supreme Court observed that the pre deposit of 75% of the awarded amount as per section 19 of the Micro, Small and Medium Enterprise Development Act, 2006, is mandatory to challenge the award under section 34 of the Arbitration and Conciliation Act, 1996.In this case, the Division Bench of the Punjab and Haryana High Court directed the Single bench …

MSME Facilitation Council Acted As Conciliator Can Also Administer The Arbitration, Bar Under S.80 Of A&C Act Does Not Apply : Chhattisgarh High Court
2 years, 11 months ago

MSME Facilitation Council Acted As Conciliator Can Also Administer The Arbitration, Bar Under S.80 Of A&C Act Does Not Apply : Chhattisgarh High Court

Live Law  

The High Court of Chhattisgarh has observed that the bar under S. 80 of the A&C Act which prevents the conciliator acting as the arbitrator does not apply to MSME Facilitation Council. The Single Bench of Justice Rajendra Chandra Singh Samant has observed that provisions of S.80 of the A&C Act cannot override the provision of the MSMED Act to …

Provisions Of The MSMED Act Overrides The Arbitration Agreement Between The Parties: Madras High Court
2 years, 11 months ago

Provisions Of The MSMED Act Overrides The Arbitration Agreement Between The Parties: Madras High Court

Live Law  

The High Court of Madras has observed that S. 18 of the MSMED Act will override the arbitration clause between the parties. The Court observed that since S. 24 of the MSMED Act is a non-obstante clause, it gives overriding effect to the provisions of S. 15 -23 of the Act. Analysis By The Court The Court relied on the …

MSMED Act: If Conciliation Not Successful, Arbitration Proceedings Must Be Resorted To: Supreme Court
3 years, 3 months ago

MSMED Act: If Conciliation Not Successful, Arbitration Proceedings Must Be Resorted To: Supreme Court

Live Law  

Supreme Court on Wednesday, while dealing with a matter pertaining to delayed payment of dues by Jharkhand electricity board to a Conductors supplier held that Section18 of The Micro Small and Medium Enterprise Development Act 2006 and noted that "Under S. 18, when conciliation fails and stands terminated, the dispute between the parties can be resolved by arbitration. A bench …

Role of Facilitation Council Under MSMED Act – A 'Conciliator' Or An 'Arbitrator'?
4 years, 10 months ago

Role of Facilitation Council Under MSMED Act – A 'Conciliator' Or An 'Arbitrator'?

Live Law  

Introduction : Since the implementation of The Micro, Small and Medium Enterprises Development Act, 2006, which is a special Act, there has always been a controversy as to whether the 'Facilitation Council' can act as both - a 'conciliator' as well as an 'arbitrator', when disputes are referred to it under Section 18 thereof. On one hand, Section 18 provides …

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