JUDGMENT :

MANISH PITALE, J.

1. Two questions arise in the present petition, firstly, as to whether this Court has territorial jurisdiction to entertain the petition and secondly, as to whether the impugned award passed by the Arbitral Tribunal deserves to be quashed on the ground that the Arbitration proceeding was initiated beyond the period of limitation.

2. The Petitioner herein has challenged impugned award dated 24th September, 2020, passed by the Facilitation Council for Arbitration constituted under the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as the “MSMED Act”). According to the Petitioner, the Arbitration proceeding initiated under the provisions of the MSMED Act at the behest of the Respondent, was hit by limitation and that therefore, the Facilitation Council ought not to have entered into the merits of the matter. It was further submitted that the question of limitation was specifically raised before the Facilitation Council, but the same was not even adverted to, in the impugned award. In the context of preliminary objection as regards territorial jurisdiction raised on behalf of the Respondent before this Court, the Petitioner