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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DR. JUSTICE K. MANMADHA RAO, J
Tamil Nadu Electricity Board – Appellant
Versus
A P Micro And Small Enterprises Facilitation Council – Respondent
COMMON ORDER:
K. MANMADHA RAO, J.
As the issue involved in all these writ petitions is one and the same, they are being taken up for hearing as well as disposed of by way of this Common Order.
2. All the writ petitions have been filed assailing the orders passed by A.P. Micro and Small Enterprises Facilitation Council-1st respondent dated 11.11.2011 in Case Nos.180/04, 38/07 and 39/07. In view of the above order, the 1st respondent Council directed the writ petitioners to pay the amounts to the 2nd respondent in the writ petitions towards goods said to have been supplied to the writ petitioners and interest.
3. Since the facts in all the writ petitions are similar and identical, therefore WP No.2771 of 2013 is taken as lead case, and the facts therein hereinafter will be referred to for convenience.
4. Brief facts of the case are that, the Tamil Nadu Electricity Board came into being and has remained the energy provider and distributor. It got restructured itself into TNSEB. For the purpose of generation of Electricity, it had established generation plants throughout the State of Tamil Nadu. It is stated that 1st respondent-Council constituted under the provisions of the erstwhile repea
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 High Court cannot exercise its writ jurisdiction under Article 226 or 227 of the Constitution against the awards or orders passed by the Arbitral Tribunals as it would defeat the object of minimi....
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....
Orders by MSEFC failing to follow arbitration procedures under the MSMED Act are not valid awards, allowing for writ petitions under Article 226 due to natural justice violations.
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.
Writ Jurisdiction – Access to High Courts by way of writ petition under Article 226 of Constitution of India, is not just a constitutional right but also a part of basic structure – It is available t....
The Facilitation Council must adhere to the procedural requirements of both the MSMED Act and the Arbitration Act, and failure to do so renders any award issued a nullity, which can be challenged out....
Important Point : The court established that statutory remedies must be exhausted before invoking writ jurisdiction against awards under the MSMED Act.
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