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2017 Supreme(Bom) 2576

S.C.DHARMADHIKARI, VIBHA KANKANWADI
Delton Electricals – Appellant
Versus
Maharashtra State Electricity Distribution Company Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rajeev Madkholkar, Suresh Dhole and Pushpa Shinde
For the Respondent: Gaurav Joshi, Senior Counsel, Neeta Jain, Nirav Shah and Anuj Jaiswal I/b Little & Co.

JUDGMENT :

S.C. DHARMADHIKARI, J.

1. By this appeal, the appellant - original respondent in the Arbitration Petition (L) No. 2464 of 2015, has challenged the order of the learned single Judge dated 15th November, 2016, allowing the Arbitration Petition filed by the respondents.

2. Admit.

3. Respondents waive service.

4. Since it is conceded that the volumes together with the paper-book filed by the appellant contain the entire record before the learned single Judge and material documents before the Arbitral Tribunal, filing of paper-book is dispensed with.

5. By consent of both sides, the appeal is heard and finally disposed of by this judgment.

6. Before proceeding further, we shall refer to the parties by their nomenclature before the learned single Judge.

7. The appellant filed Original Application/Reference Petition No. 1 of 2005 before the Micro and Small Enterprises Facilitation Council, Mumbai, claiming the relief under the Micro, Small and Medium Enterprise Development Act, 2006 (for short "Act 25 of 2006/MSMED Act"). It is a successor legislation to The Interest on Delayed Payments to Small Scale and Ancillary Undertaking Act, 1993 (for short Act 32 of 1993).

8. In this Original Ap


















































































































































































































































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