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2013 Supreme(Bom) 1072

R.D.DHANUKA
Faridabad Metal Udyog Pvt. Ltd. – Appellant
Versus
Anurag Deepak, Sole Arbitrator, Executive Director – Pipelines Bharat Petroleum Corporation Ltd. – Respondent


Advocates Appeared:
For the Petitioners:R.U. Singh, Advocate.
For the Respondents:R2, Pankaj Sawant a/w P.U.Singh a/w Ms Hemangi Kurne i/b M/s Vyas Bhalwal, Advocates.

Judgment :

By consent of parties, these five petitions alongwith other ten matters were heard finally together and are being disposed of by a common Judgment.

2. By these petitions filed under Section 14 of the Arbitration and Conciliation Act, 1996 (for short herein after referred as ‘Arbitration Act 1996), the petitioners seek declaration that the mandate of the learned Arbitrator, respondent No.1 herein stood terminated under Section 14 of the Arbitration Act 1996, and the petitioner is entitled to approach the Micro and Small Scale Enterprises Facilitation Council constituted under the provisions of the Micro, Small Medium Enterprises Development Act, 2006 (for short hereinafter referred as MSME Act) and the said Council is entitled in law to adjudicate the disputes between the parties.

3. Relevant facts in ARBP No.1193 Of 2012:

(a) The petitioner is a small scale industry registered under the provisions of MSME Act with District Industries Centre, Faridabad, Haryana on 4th August 2009. The petitioner is a manufacturer of LPG cylinders of various capacity and supply those cylinders to respondent No.2 Corporation and other two oil companies.

(b) Since 1994, the second responde






















































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