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IN THE HIGH COURT OF DELHI AT NEW DELHI
JASMEET SINGH
Geniemode Global Pvt. Ltd. – Appellant
Versus
Priyanka Impex Private Limited – Respondent
| Table of Content |
|---|
| 1. factual background of the case and agreements. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 2. submissions and contentions by both parties. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 3. court's analysis on jurisdiction based on relevant case law. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 4. conclusion and dismissal on jurisdictional grounds. (Para 35 , 36 , 37) |
JUDGMENT :
JASMEET SINGH, J.
1. This is a petition filed under Section 39 (2) of the Arbitration and Conciliation Act, 1996 (“1996 Act”) impugning the Order dated 18.01.2025 (“impugned Order”) passed by empaneled Expert to facilitate arbitration proceedings in Case Ref. No. 5710/2024, wherein the petitioner was directed to pay the entire fee of the learned Expert to the tune of Rs. 18,04,057/- to adjudicate the counter claim of the petitioner.
FACTUAL BACKGROUND
2. The petitioner i.e., Geniemode Global Private Limited, a company incorporated under the Companies Act, 2013, is a "Micro" industry duly registered under Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 (“MSMED Act”).
3. The respondent No. 1 is Priyanka Impex Private Limited and respondent No. 2 is Cha
The Arbitration and Conciliation Act, 1996 is overridden by the MSMED Act, 2006, establishing the jurisdiction of the Facilitation Council for disputes, thereby necessitating adherence to its terms o....
The court upheld that statutory remedies under the MSMED Act take precedence over private arbitration agreements, affirming the Facilitation Council’s jurisdiction in disputes involving MSMEs.
The arbitration agreement's designation of venue and exclusive jurisdiction prevails over statutory arbitration under the MSMED Act, and the statutory arbitration does not override the parties' agree....
The Micro, Small and Medium Enterprises Development Act has precedence over the Arbitration and Conciliation Act, allowing parties to reference disputes to the MSEFC despite existing arbitration agre....
The jurisdiction to challenge an award under Section 34 of the Arbitration Act is governed by the exclusive jurisdiction clause in the parties' agreement, not by the MSMED Act.
The main legal point established in the judgment is that the Facilitation Council has the jurisdiction to act as an Arbitrator after the failure of conciliation proceedings under the MSME Act. The ri....
Section 34 of the Arbitration Act arises as is evident from sub Section (6) of Section 16 of the Arbitration Act, which inter alia provides that the parties aggrieved by such an arbitral award may ma....
The exclusive jurisdiction of the court as per the arbitration agreement revives post-award, and failure to follow statutory procedures under the MSMED Act warrants the award's annulment.
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