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MANINDRA MOHAN SHRIVASTAVA, PRAVEER BHATNAGAR
GVPR Engineers Limited – Appellant
Versus
Micro And Small Enterprises Facilitation Council – Respondent
ORDER :
1. Heard on admission and stay.
2. This intra court appeal is directed against order dated 26.09.2023 passed by the Ld. Single Judge, whereby, the appellant’s petition challenging an order dated 15.05.2023 of the Micro and Small Enterprises Facilitation Council (hereinafter referred to as ‘the Council’) mainly on the ground that there is an efficacious and alternative statutory remedy and therefore, the writ petition, being bereft of any material to prima facie show a case of mala fide exercise of power, could not be entertained.
3. Learned Senior Counsel appearing for the appellant argued that the contract was terminated way-back in the year 2018. The respondents, without any basis, only to somehow revive an old and stale matter, took recourse to the provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as “the Act of 2006”) seeking conciliation which eventually failed. Thereafter, the Council, without drawing due and proper proceedings in the matter of adjudication of dispute through arbitration as ordained under the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act of 1996”) as also without determining
The main legal point established in the judgment is that the remedy for a party aggrieved by the order or an award of the arbitral tribunal is to take remedy under the Act of 1996 rather than bringin....
Writ petition against arbitral award is maintainable; petitioner must follow remedies under Arbitration Act.
The Facilitation Council must adhere to the procedural requirements of both the MSMED Act and the Arbitration Act, and failure to do so renders any award issued a nullity, which can be challenged out....
There is a fundamental difference between conciliation and arbitration – In conciliation conciliator assists parties to arrive at an amicable settlement, in an impartial and independent manner – In a....
The central legal point established in the judgment is the importance of following the prescribed procedures and principles of natural justice in arbitration proceedings under the MSME Act and the Ar....
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....
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