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2022 Supreme(Guj) 1535

A. P. THAKER
Anupam Industries Ltd. – Appellant
Versus
State Level Industry Facilitation Council – Respondent


Advocates Appeared:
For the Petitioner: Mr. Naveen Pahwa with Mr. Kamlesh P. Vaidankar, Nilu K. Vaidankar.
For the Respondent: Mr. Dhaval Dave with Rohan A. Shah, Rushabh H. Shah.

JUDGMENT :

1. The present petition is filed under Article 227 of the Constitution of India to quash and set aside the impugned award dated 3.5.2019 passed by the Learned Sole Arbitrator in Arbitration Matter titled M/s. Vishal Carriers v. Anupam Industries Ltd.

2. The brief facts of present petition is that the petitioner is a Company incorporated under the provisions of the Companies Act engaged in the business of manufacturing Gantry and EOT Cranes and is one of the largest Company in the field of design, engineering and manufacturing of heavy duty cranes.

2.1 It is contended that as per the claim of respondent No.3, it has filed before MSME Facilitation Council and it is a proprietorship concern engaged in the business of providing transport services. It is the claim of the respondent No.3 that it has provided transport service to the petitioner pursuant to different Purchase Orders, for which the Respondent No.3 had raised separate distinct invoices during the period from 17.5.2013 to 15.7.2015, which fell due from 15.8.2013 to 13.10.2015. Respondent No.3 approached the Micro, Small and Medium Enterprises Facilitation Council (respondent No.1) for invoking the provisions of Micro

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