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2016 Supreme(Bom) 1660

S.C.GUPTE
Maharashtra State Electricity Distribution Company Limited – Appellant
Versus
Deltron Electronics – Respondent


Advocates Appeared:
For the Petitioners: Mr. Gaurav Joshi, Ms. Neeta Jain, Nirav Shah And Anuj Jaiswal & Co.
For the Respondent: Mr. Suresh Dhole, Pushpa Shinde.

JUDGMENT :

This Arbitration Petition challenges an award passed by the Micro and Small Enterprises Facilitation Council, Konkan Division, Thane under Section 18(3) of Micro, Small and Medium Enterprises Development Act, 2006 (“Small Enterprises Act”). By consent, the petition is admitted and taken up for final hearing forthwith.

2. The short facts of the case may be stated as follows :

2.1 The Petitioners are successors of erstwhile Maharashtra State Electricity Board (MSEB) and are distributors of electricity in their area of operation in Maharashtra. The Respondent is a small scale enterprise duly registered with the District Industries Centre, Thane and is governed by the Small Enterprises Act.

2.2 The Petitioners had floated a tender for distribution of transformers. Pursuant to it, the Respondent submitted its offer. The offer was accepted by the Petitioners and a letter of award was issued to the Respondent. Pursuant to the letter of award, the Petitioners placed ten purchase orders on the Respondent. The contract between the parties stipulated payment of 100% value of the contract by account payee cheque within 60 days from the date of receipt of the entire quantity as per the m
































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