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BHARAT P. DESHPANDE
Bharat Kolkata Container Terminals Pvt. Ltd. – Appellant
Versus
Goa Micro and Small Enterprises – Respondent
JUDGEMENT :
BHARAT P. DESHPANDE, J.
1. Rule.
2. Rule is made returnable forth with.
3. Matter is taken up for final disposal at the admission stage itself with consent of the parties.
4. The issue raised in the present matter is regarding the notice dated 04.01.2024 issued by the Nodal Officer for Goa Micro and Small Enterprises Facilitation Council stating therein that the hearing of the case was taken up on 08.12.2023 between the petitioner and the respondent no. 2 and since the conciliation is not possible, the Council invoked its power under Section 18 (3) of Micro, Small and Medium Enterprises Development Act 2006 (MSMED) to refer the matter for arbitration.
5. Mr. Sardessai learned senior counsel for the petitioner would submit that the said Council is not having jurisdiction even to entertain the conciliation proceedings launched on behalf of respondent no.2 and also to refer the matter to the arbitration. He submits that respondent no. 2 entered into a contract with the petitioner on 01.06.2018 which is purely a service contract. The said contract was terminated on 20.12.2018. He submits that at the time of entering into the contract with respondent no.2, the enterprise of respon
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 registration under the MSMED Act, 2006 applies prospectively and not retrospectively, and the benefits of the Act do not apply if the registration is obtained subsequently to the agreement and th....
The MSMED Act, 2006 provides a statutory framework that allows the Facilitation Council to act as an arbitrator after conciliation, overriding the restrictions of the Arbitration Act, 1996.
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 Arbitration and Conciliation Act, 1996 is overridden by the MSMED Act, 2006, establishing the jurisdiction of the Facilitation Council for disputes, thereby necessitating adherence to its terms o....
The court ruled that a party to a dispute cannot waive the mandatory conciliation requirement under Section 18(2) of the MSMED Act, validating subsequent arbitration proceedings.
The requirement of an arbitration agreement and the specific mechanism provided under Section 18 of the MSMED Act for conciliation and arbitration.
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