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THE GAUHATI HIGH COURT, (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH
MANISH CHOUDHURY
Lokopriya Gopinath Bordoloi Regional Institute of Mental Health, Tezpur, an Autonomous Society under the Ministry of Health and Family Welfare, Govt. of India, Represented by its Director – Appellant
Versus
Green Alliance Engineering Services Pvt. Ltd., [Through its Managing Director/Authorized Representative – Respondent
| Table of Content |
|---|
| 1. establishment and nature of petitioner institute. (Para 1 , 2 , 3) |
| 2. breach of contract by respondent no. 1. (Para 4 , 5) |
| 3. dispute resolution process initiated. (Para 6 , 7) |
| 4. claim initiated by respondent no. 1 under msmed act. (Para 8 , 9 , 10 , 11) |
| 5. referral to arbitration by facilitation council. (Para 12 , 13) |
| 6. issues of maintainability and jurisdiction in arbitration. (Para 14 , 15 , 18 , 19 , 21) |
| 7. clarification on legal provisions of msmed act. (Para 20 , 22 , 23) |
| 8. overriding claimant's rights under msmed act. (Para 24 , 25) |
| 9. supreme court ruling on msmed and arbitration act. (Para 26 , 27) |
| 10. conclusion and commentary on the legal proceedings. (Para 28 , 29 , 30 , 31 , 32 , 33) |
| 11. final decision on the writ petition. (Para 34 , 35 , 36) |
JUDGMENT :
MANISH CHOUDHURY, J.
1. The petitioner, Lokopriya Gopinath Bardoloi Regional Institute of Mental Health [hereinafter referred to as ‘the petitioner Institute’ or ‘the Institute’, in short, for easy reference] is a tertiary mental health care institute, which is fully funded by the Ministry of Health & Family Welfare, Government of India. It is stated that the petitioner Institute, established in Tezpur, Assam
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