Navin Chawla, J.

IA 4949/2019

Exemption allowed subject to all just exceptions.

OMP(Comm.) 144/2019 & IA 4948/2019

This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') has been filed by the petitioner challenging the Arbitral Award dated 14.12.2018 passed by the Micro and Small Enterprises Facilitation Council, Konkan Region, Thane, Maharashtra (hereinafter referred to as the 'MSME Council') under the provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as the 'MSMED Act').

2. At the outset, it was put to the learned senior counsel for the petitioner that as the Arbitral Award has been passed by the MSMED Council at Konkan, Maharashtra, this Court would lack territorial jurisdiction to entertain the present petition.

3. Learned senior counsel for the petitioner, however, placed reliance on Clauses 34 and 35 of the General Purchase Conditions (GPC) enclosed with the Tender Enquiry documents to contend that in terms thereof, this Court would have jurisdiction. Clauses 34 and 35 that have been relied upon by the learned senior counsel for the petitioner are reproduced her