Back
SUNIL B. SHUKRE, A. S. CHANDURKAR, AVINASH G. GHAROTE
Sonali Power Equipment – Appellant
Versus
Chairman, Maharashtra State Electricity Board – Respondent
| Table of Content |
|---|
| 1. referral regarding application of law of limitation in msmed act (Para 1 , 2 , 3) |
| 2. arguments presented by appellants and respondents (Para 4 , 5 , 6 , 7) |
| 3. relevant legislative provisions and interpretations (Para 8 , 9 , 10) |
| 4. court's analysis on limitation in arbitration and conciliation (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 5. conclusions on the application of limitation act (Para 17 , 18 , 19 , 20) |
| 6. final verdict and request for further proceedings (Para 21 , 22 , 23) |
ORDER :
Avinash G. Gharote, J. - Heard Mr. S.P. Dhole, learned counsel for the appellants in all appeals except Appeal No.5/2018, Mr. M.P. Khajanchi, learned counsel for the appellant in Appeal No.5/2018 and Mr. S.V. Purohit, learned counsel for the respondents in all appeals.
2. This is a reference made by the Hon'ble the Chief Justice on the request of the learned Division Bench (B. P. Dharmadhikari & Z. A. Haq, JJ.) in Commercial Appeal No.1/2018 [M/s. Sonali Power Equipment through its Managing Director v. Chairman, Maharashtra State Electricity Board, Mumbai and others and other connected matters] by the judgment dated 24/08/2018, being unable to agree with the view taken by another learned Divi
The Limitation Act, 1963 is not applicable to conciliation proceedings under the MSMED Act; however, it applies to arbitration proceedings, preventing stale claims from being raised under the Act.
The Limitation Act, 1963 is not applicable to conciliation proceedings under the MSMED Act but applies to arbitration under its provisions; time-barred claims can be settled through conciliation.
The MSMED Act, 2006 applies only to delayed payments to Micro and Small Enterprises, and it does not contemplate an independent claim by the Buyer against the Supplier.
If any registration under the MSMED Act is obtained, the same will be prospective and would apply to supply of goods and services subsequent to registration but cannot operate retrospectively. Accord....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
