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2004 Supreme(SC) 253

RUMA PAL, P.VENKATARAMA REDDI
SECUR INDUSTRIES LTD. – Appellant
Versus
GODREJ & BOYCE MFG. CO. LTD. – Respondent


JUDGMENT

RUMA PAL, J.- Leave granted.

2. This appeal has been preferred from an interim order granted by the Division Bench of the Bombay High Court staying the arbitration proceedings before the Uttar Pradesh Industry Facilitation Council (referred to as "the Council") set up under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (referred to as "the Act").

3. We are not concerned with the merits of the proceedings initiated by the appellant before the Council. The only question is whether the High Court had the jurisdiction to pass the impugned order.

4. The chronology of events which are relevant for the purposes of this appeal, commenced with a notice dated 11-9-2001 served by the appellant on the respondent raising a demand. The notice also contained the following paragraph"You may also treat this as a notice under the provisions of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993. Failure or non-payment will force us to move our claims as mentioned above to the appropriate authorities for recovery of our dues as mentioned above."

5. In October 2001 the appellants filed a claim petitio










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