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A. V. SESHA SAI, V. SRINIVAS
Transmission Corporation of Andhra Pradesh Limited – Appellant
Versus
Haryana Micro And Small Enterprises Facilitation Council – Respondent
JUDGMENT
A.V.SESHA SAI, J. - In this Writ Petition, petitioners herein are challenging the order dtd. 11/7/2018, passed by the Haryana Micro and Small Enterprises Facilitation Council, Chandigarh, represented by its Member Secretary, 1st respondent herein in Case No.7.
2. Briefly, stated the case of the petitioners in the present Writ Petition is as follows:
"2.1 During the year 1998, M/s.Equipment Conductors and Cables Limited, New Delhi-2nd respondent herein, supplied electric conductors to the predecessor of the petitioners herein. Predecessor of the petitioners and the petitioners herein paid the entire amounts to the 2nd respondent as per the invoices, however with some delay and the 2nd respondent received the said amounts without any protest.
2.2 The 2nd respondent herein initiated the Arbitration proceedings under the Arbitration and Conciliation Act, 1996, by filing the Claim Petition vide Case No.07 before the 1st respondent-Council, under the provisions of the "Interest on Delayed Payments Act, 1993, claiming interest on delayed payments for 45 claims".
2.3 Petitioner No.1 herein, after receipt of notices in the said Claim Petition Case No.07, filed a counter and also an add
An order passed by an authority without giving notice and opportunity of hearing to the affected parties is in violation of the principles of natural justice.
Jurisdictional challenges to arbitration awards must be raised under Section 34 of the Arbitration Act, and the pre-deposit requirement under Section 19 of the MSME Act is mandatory.
The mandatory deposit requirement under Section 19 of the MSMED Act must be fulfilled before entertaining applications to set aside arbitration awards, ensuring fairness to MSMEs and compliance with ....
The High Court cannot entertain writ petitions challenging awards of the Micro and Small Enterprises Facilitation Council without the mandatory deposit of 75% of the awarded amount as per Section 19 ....
The mandatory pre-deposit requirement under Section 19 of the MSMED Act, 2006 for challenging an award and the overriding effect of the MSMED Act, 2006 over the Arbitration Act, 1996 in specific disp....
The main legal point established is that arbitration proceedings under the MSMED Act must adhere to the procedural requirements of the Act and the Arbitration and Conciliation Act, 1996.
Validity of MSME registration and qualification as a 'Supplier' under the MSME Act of 2006.
The entitlement of the award holder to MSME status, the quantification of interest claimed, and the reasoning behind the arbitral award were central legal points established in the judgment.
The court affirmed its jurisdiction to review its orders while highlighting that a mere filing of a review petition does not grant a stay on award enforcement unless complying with statutory requirem....
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