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BHARATI DANGRE
Bajaj Electricals Limited – Appellant
Versus
Chanda S. Khetawat – Respondent
JUDGMENT :
1. The present application is fled under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, “the Act of 1996) by the authorised representative of Bajaj Electricals Limited, a company incorporated and registered under the provisions of the Companies Act, 1956, seeking appointment of sole arbitrator for the purpose of adjudication of disputes and differences prevailing between the applicant and the respondent.
2. Heard the learned counsel Mr.Mayur Khandeparkar for the applicant and the learned counsel Ms.Maya Majumdar for the respondents. Before I appreciate the contentions advanced on behalf of the rival parties, it is necessary to refer to the brief facts in the background.
The applicant, is a company engaged in the business of manufacturing, marketing and supply of consumer electrical equipment, including various Appliances, Fans, Lighting, High Mast and Poles etc. and it also undertakes the work of electric/power infra projects and claim to possess good reputation in the market. The respondents are the proprietor and authorized signatories of the Firm engaged in the business being carried out under name and style ‘M/s.Windson International’ and are engag
The Micro, Small and Medium Enterprises Development Act, 2006 has overriding effect over the Arbitration and Conciliation Act, 1996 when the jurisdiction of the Council has been invoked, and the Coun....
The main legal point established in the judgment is that the application under Section 9 of the Act of 1996 is only maintainable after the termination of conciliation proceedings as per Section 18(3)....
Section 34 of the Arbitration Act arises as is evident from sub Section (6) of Section 16 of the Arbitration Act, which inter alia provides that the parties aggrieved by such an arbitral award may ma....
The main legal point established in the judgment is that the Facilitation Council has the jurisdiction to act as an Arbitrator after the failure of conciliation proceedings under the MSME Act. The ri....
The court upheld that statutory remedies under the MSMED Act take precedence over private arbitration agreements, affirming the Facilitation Council’s jurisdiction in disputes involving MSMEs.
The buyer is not obligated to make a reference to the Micro and Small Enterprises Facilitation Council under section 18(1) of the MSMED Act, 2006.
The mandatory pre-deposit requirement under Section 19 of the MSMED Act, 2006 for challenging an award and the overriding effect of the MSMED Act, 2006 over the Arbitration Act, 1996 in specific disp....
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