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2024 Supreme(Del) 405

SUBRAMONIUM PRASAD
Executive Engineer – Appellant
Versus
Bholasingh Jaiprakash Construction Ltd. – Respondent


Advocates appeared:
Mr. Kavin Gulati, Senior Advocate with Mr. Rajeev Kumar Dubey, Mr. Ruchir Ranjan and Mr. Kamlendra Mishra, Advocates, for the Petitioners.
Mr. Sudhir Nandrajog, Senior Advocate, for the Respondent.
Mr. Avishkar Singhvi, Mr. Naved Ahmed, Mr. Vivek Kumar Singh and Mr. Deokinandan Sharma, Advocates, for the Respondent-2.

JUDGMENT

1. By way of the present Writ Petition, the Petitioner seeks to quash the proceedings initiated by the Respondent No.2/Micro and Small Enterprises Facilitation Council under the Micro, Small and Medium Enterprise Development Act, 2006 (hereinafter referred to as "the MSMED Act") referring the dispute between the Petitioners and the Respondent No.1 to the Micro, Small and Medium Enterprise (MSME) Arbitral Tribunal and setting aside of Final Award dated 26.12.2022 and 02.01.2023, passed by the Arbitral Tribunal in MSME CASE/REF. ID: DL/10/S/SWC/00931/2022.

2. The facts, in brief, as stated by the Petitioner in the present Writ Petition, are as under:

    a. The Petitioner herein invited bids for construction of Barrage on River Adwa in District Mirzapur, Uttar Pradesh. Respondent No.1 herein applied for the contract and was declared as a successful bidder and was subsequently awarded the tender vide Letter of Award dated 20.08.2005. It is stated that a formal agreement was entered into between the Petitioner and the Respondent No.1 on 27.08.2005 and as per the agreement, the work was to be completed within 18 months from the order of commencement of works. The Order of commencement

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