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IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBRAMONIUM PRASAD, J
IN-TIME GARMENTS PVT LTD – Appellant
Versus
HSPS TEXTILE PVT LIMITED – Respondent
| Table of Content |
|---|
| 1. application for condonation of delay in re-filing. (Para 1 , 2) |
| 2. facts of case detail purchase orders and subsequent disputes. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. discussion surrounding the validity and implications of section 34 challenges to awards. (Para 9 , 10 , 12 , 14) |
| 4. relation of msmed act registration to entitlement for payment and timing of claims. (Para 11 , 15 , 16 , 17) |
| 5. final ruling dismissing the petition and maintaining the arbitrator's award. (Para 18 , 19) |
JUDGMENT :
I.A. 42145/2024
2. For the reasons stated in the application, the delay of three days in re- filing is condoned.
O.M.P. (COMM) 436/2024 & I.A. 42142/2024, I.A. 42144/2024
2. By virtue of the Award, the learned Sole Arbitrator has allowed the claim of the Respondent herein and has dismissed the counter claim of the Petitioner herein.
i. The Petitioner is a private limited company engaged in the manufacturing of wearing apparel. It is stated that the Respondent herein is also a private limited company engaged in the supply of fabrics.
a) Purchase Order No.305 dated 25.11.2019 for 23,000/- mtr.
c) Purchase Order No.311 dated 19.12.2019 for 12,000/- mtr.
iii. The claim of the Respondent is for the
The court upheld the Arbitral Award, affirming that timelines and knowledge of the transaction were not claimed by the petitioner regarding delayed delivery impact.
The court emphasized that an arbitral award must be reasoned and address core contractual issues, with judicial intervention restricted to cases of patent illegality under Section 34 of the Arbitrati....
The court affirmed that failure to consider the MSMED Act's provisions on interest constitutes a significant error, leading to the setting aside of the arbitral award.
If any registration under the MSMED Act is obtained, the same will be prospective and would apply to supply of goods and services subsequent to registration but cannot operate retrospectively. Accord....
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 registration under the MSMED Act, 2006 applies prospectively and not retrospectively, and the benefits of the Act do not apply if the registration is obtained subsequently to the agreement and th....
The benefits under the MSME Act do not apply if the registration under the Act was obtained subsequently.
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