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IN THE HIGH COURT AT CALCUTTA
RAJARSHI BHARADWAJ
Howrah Municipal Corporation – Appellant
Versus
Production Enterprise – Respondent
| Table of Content |
|---|
| 1. review petition regarding payment claims. (Para 1 , 2) |
| 2. claimants do not qualify under the msme act. (Para 3 , 4 , 5 , 6 , 7) |
| 3. limitations and principles guiding review jurisdiction. (Para 8 , 9 , 10) |
| 4. review is not for rehearing or errors in merits. (Para 11 , 12 , 13) |
| 5. final ruling on the review petition dismissal. (Para 14) |
JUDGMENT :
1. The present review petition filed by the respondents seeks review of the Judgment and Order dated December 22, 2020, delivered by Hon’ble Justice Arindam Sinha, in W.P. No. 5193(W) of 2019 and related interlocutory applications. The applicants/respondents are constrained to move this review petition, being aggrieved by and dissatisfied with the aforementioned order.
3. It is submitted on behalf of the applicants/respondents that the writ petitioners do not fall within the purview of the MSME Act in this case. The learned Single Judge erred in holding that the writ petitioners were entitled to the entire billed amount of Rs.16,96,706 based solely on the internal approval by the Chief Officer of Finance, who is not the competent final authority. Reliance on this internal note is misplaced and does not confer any legal entitleme
The MSME Act does not apply to works contracts, thus invalidating claims for payment without appropriate authorization.
The MSMED Act mandates that buyers must pay compound interest on delayed payments to suppliers, establishing a statutory right for suppliers to claim such interest irrespective of any agreements to t....
The court emphasized the limited scope of review power, the need for an error apparent on the face of the record, and the applicability of the provisions of the Arbitration & Conciliation Act to the ....
The lack of conciliation does not undermine the statutory obligation to make payment under the MSMED Act, emphasizing the importance of adherence to payment timelines by the buyer.
The jurisdiction for hearing arbitration matters must align with commercial dispute designations; an order from a court without proper jurisdiction is void.
Jurisdictional challenges to arbitration awards must be raised under Section 34 of the Arbitration Act, and the pre-deposit requirement under Section 19 of the MSME Act is mandatory.
The court established that compliance with statutory procedures is essential for the validity of decisions made by regulatory bodies, and claims under the MSME Act must be filed within the prescribed....
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