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PAMIDIGHANTAM SRI NARASIMHA, PANKAJ MITHAL
NBCC (India) Ltd. – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
PAMIDIGHANTAM SRI NARASIMHA, J.
| Table of Contents | |
| 1. | Introduction |
| 2. | Facts |
| 3. | Decisions of the Single Judge and the Division Bench |
| 4. | Submissions |
| 5. | Issue for our consideration |
| 6. | The repealed Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 and the judgment in Shanti Conductors v. Assam State Electricity Board |
| 7. | The Micro, Small and Medium Industry in our Country |
| 8. | Interpretation of Statutory Remedies by Constitutional Courts |
| 9. | Statutory Scheme of the MSMED Act, 2006 |
| 10. | Whether registration is a necessary precondition to referring a dispute under Section 18 of the Act |
| 11. | Re: Silpi Industries v. Kerala State Road Transport Corporation |
| 12. | Re: Gujarat State Civil Supplies Corporation Ltd. v. Mahakali Foods Pvt. Ltd. |
| 13. | Conclusion and reference to larger Bench |
1. Introduction: The old value of ‘Small is beautiful’1 [E.F. Schumacher, ‘Small Is Beautiful: A Study of Economics as if People Mattered’ (1973) “We need the freedom of lots and lots of small, autonomous units, and, at the same time, the orderliness of large-scale, possi
The court clarified that registration under Section 8 of the MSMED Act is not a prerequisite for making a reference to the Facilitation Council under Section 18, emphasizing broad access to justice.
If any registration under the MSMED Act is obtained, the same will be prospective and would apply to supply of goods and services subsequent to registration but cannot operate retrospectively. Accord....
The MSMED Act, 2006 applies only to delayed payments to Micro and Small Enterprises, and it does not contemplate an independent claim by the Buyer against the Supplier.
The benefits under the MSME Act do not apply if the registration under the Act was obtained subsequently.
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