JUDGMENT

Prateek Jalan, J. (Oral)

1. By way of this petition under Section 34 of the Arbitration and Conciliation Act, 1996 [hereinafter, "the Act"], the petitioner seeks setting aside of an arbitral award dated 14.12.2018, passed by the Micro and Small Enterprises Facilitation Council, Konkan Region, Thane in Petition No. 21/2017 [hereinafter, "the Council"].

2. The respondent herein is a micro enterprise, within the purview of the Micro, Small and Medium Enterprises Development Act, 2006 [hereinafter, "the MSME Act"]. Its claims arose out of a Purchase Order dated 10.03.2016, issued by the petitioner herein, for supply of a 1000 KWP Solar PV System with PV Panels installation frame, invertor and SCADA, all lower side DC/AC, accessories and cables for 3-phase 440 VAC Grid Connection Syncronization to the plant 9030 for its refinery in Gujarat.

3. Disputes arose between the parties leading to the institution of proceedings under Section 18 of the MSME Act by the respondent before the Council on 14.03.2017. Notice was issued by the Council to the petitioner on 23.05.2017. After some correspondence between them, the petitioner ultimately filed its statement of defence on 12.10.2017