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2019 Supreme(Bom) 1563

G.S.KULKARNI
Scigen Biopharma Pvt. Ltd. , Pune – Appellant
Versus
Jagtap Horticulatuer Pvt. Ltd. , Pune – Respondent


Advocates Appeared:
Udayan S. Jain, Adv., Bharat D. Zaveri, Adv.

JUDGMENT :

G.S. Kulkarni, J.

This is an appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration Act'), whereby the appellant challenges an order dated 16 March 2018 passed by the learned District Judge-9, Pune on an application filed by the respondent under section 34 of the Arbitration Act. By the impugned order the respondent's application under section 34 of the Arbitration Act stands allowed in the following terms:

    ORDER

[1] Application is allowed with costs.

[2] Impugned Award dtd. 15/03/2016 passed by the learned Micro and Small Enterprises Facilitation Council, Pune is hereby set aside.

[3] Petition No. 57/2013 be remanded back to the Micro and Small Enterprises Facilitation Council, Pune for deciding the dispute between parties afresh, except the point of eligibility of the applicant to get benefit under Chapter V of the MSMED Act which is decided in favour of the applicant as per this order

2. The genesis of the disputes between the parties had arisen from the proceedings which the respondent initiated before the Micro and Small Enterprises Facilitation Council (for short 'Facilitation Council') as constituted the Micro Small and Me

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