Board of Major Port Authority for the Shyama Prasad Mookerjee Port, Kolkata vs Marine Craft Engineers Private Limited.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 1150

MOUSHUMI BHATTACHARYA
Board of Major Port Authority for the Shyama Prasad Mookerjee Port, Kolkata – Appellant
Versus
Marine Craft Engineers Private Limited. – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Kishore Datta, Sr. Adv., Mr. Ashok Kr. Jena, Adv.
For the Respondent: Mr. Sabyasachi Chowdhury, Adv., Mr. S. E. Huda, Adv., Mr. Arjun Mookherjee, Adv., Mr. Shounak Mukhopadhyay, Adv. Mr. Shreyan Bhattacharyya, Adv. Ms. Anwesha Guha Ray, Adv., Mr. Abhijit Guha Ray, Adv.

JUDGMENT :

Moushumi Bhattacharya, J.

1. This is an application for stay of an arbitral award passed by the West Bengal State Micro Small Enterprises Facilitation Council on 28th April, 2022. The impugned award was passed by the Council under section 18(3) of The Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act).

2. The stay has been sought under section 36(2) of The Arbitration and Conciliation Act, 1996.

3. The petitioner seeks unconditional stay of the impugned award under the second proviso to section 36(3) of the 1996 Act; the ground taken is that the Council became de jure unable to perform its functions and consequently the award is without jurisdiction and void.

4. Learned counsel appearing for the petitioner submits that the mandate of the Council stood terminated on the expiry of the period prescribed under section 18(5) of the MSMED Act which requires that a reference made under that section shall be decided within 90 days from the date of making the reference. According to counsel, the reference was made on 4th December, 2017 while the award was passe

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2023 Supreme(Cal) 1150

MOUSHUMI BHATTACHARYABoard of Major Port Authority for the Shyama Prasad Mookerjee Port, Kolkata – AppellantVersusMarine Craft Engineers Private Limited. – Respondent

Cases Referred (2)

MOUSHUMI BHATTACHARYA
Board of Major Port Authority for the Shyama Prasad Mookerjee Port, Kolkata – Appellant
Versus
Marine Craft Engineers Private Limited. – Respondent