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M. R. SHAH, B. V. NAGARATHNA
Nitesh Estates Ltd. – Appellant
Versus
Micro and Small Enterprises Facilitation Council of Haryana – Respondent
| Table of Content |
|---|
| 1. registration under msmed act is essential. (Para 1 , 2 , 3) |
| 2. court confirms validity of msmed registration requirements. (Para 4) |
| 3. high court's order is quashed; appeal allowed. (Para 5) |
ORDER :
Leave granted.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 07.09.2018 passed by the High Court of Punjab and Haryana at Chandigarh in CWP No. 21088/2018, by which the High Court has dismissed the said writ petition preferred by the appellant herein in which the appellant challenged notice dated 13.03.2018 and order dated 07.06.2018 of the Micro and Small Enterprises Facilitation Council of Haryana/respondent no. 1 herein (hereinafter referred to as ‘the Council’) and notice dated 24.07.2018 issued by the Arbitrator appointed by the Council, the appellant has preferred the present appeal.
2. It is the case on behalf of the appellant that at the time when brokerage agreement was entered into between the appellant and respondent no. 2, respondent no. 2 was not registered as micro enterprise under the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as ‘MSMED Act’) and, therefore the initiation of proceeding
Retrospective registration under the MSMED Act cannot validate proceedings initiated before such registration; prior registration is essential for maintainability.
The central legal point established in the judgment is that the benefits under the MSMED Act, 2006 would not apply if the registration under the Act was obtained subsequently, as clarified by the Sup....
The registration under the MSMED Act, 2006 applies prospectively and not retrospectively, and the benefits of the Act do not apply if the registration is obtained subsequently to the agreement and th....
The MSMED Act applies to work contracts, and the parties are bound to follow the mechanism provided under Section 18 of the Act, including participation in arbitration and the Tribunal's jurisdiction....
The benefits under the MSME Act do not apply if the registration under the Act was obtained subsequently.
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