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2022 Supreme(Bom) 1067

ANUJA PRABHUDESSAI
Magnum Opus IT consulting Private Limited – Appellant
Versus
Artcad Systems, Through its Proprietor Vinay Digambar Shende – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Nitesh Bhutekar
For the Respondent: Mr. Anand Bhandari i/b. Mr. Vivekanand V. Krishnan

JUDGMENT :

1. Rule. With consent, rule is made returnable forthwith.

2. This writ petition raises challenge to the order dated 03/02/2021 whereby learned District Judge, Nashik, allowed the application filed by the Respondent under Section 29-A of the Arbitration and Conciliation Act, 1996 and appointed retired Judge Mr. Vivek R. Agrawal as the sole Arbitrator.

3. The Petitioner is a registered Company engaged in the business of e-governance. The Respondent-proprietorship concern, which is registered under Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as ‘MSMED Act’), supplied to the Petitioner spare parts and raw material required for manufacture of Active Tracker Machines. The Respondent claimed that an amount of Rs.1,30,33,000/- was due and payable by the Petitioner Company towards the price of the goods supplied. The Respondent made reference to Micro, Small and Medium Enterprises Facilitation Council (hereinafter referred to as ‘the Council’) under Section 18 of the MSMED Act in respect of the amount due under Section 17. The conciliation between the parties was not successful and stood terminated without any settlement. Hence, the Council too

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