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NUPUR BHATI
Mansingh Hotels And Resorts Ltd. – Appellant
Versus
Rajasthan Micro, Small And Medium Enterprises Facilitation Council, Jodhpur – Respondent
JUDGMENT :
1. Though the matter was listed under ‘Orders’ category, but at the joint request of the counsels for the parties, the matter is finally heard and decided today itself.
2. The present writ petition is filed under Articles 226 and 227 of the Constitution of India, claiming following reliefs:
1. this writ petition may kindly be admitted and allowed and decision taken dated 15.07.2021 (Annexure 8) as issued by Respondent No. 1 be quashed.
2. Respondent ought be estopped from committing any such future acts and be directed to conduct the proceedings with utmost fairness and if deemed fit, to prepare and submit a proper report to the parties before referring the dispute to arbitration, if at all;
3. the cost of this writ petition may also kindly be awarded in favour of the Petitioner; and
4. Any other appropriate order or direction which this Hon’ble Court may consider just and proper in the facts and circumstances of the case may also kindly be passed in favour of the humble petitioner Hotel.’
3. The essential factual background of the case is that the Petitioner is a company within the tourism sector, with presence in multiple state
Validity of MSME registration and qualification as a 'Supplier' under the MSME Act of 2006.
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 High Court cannot entertain writ petitions challenging awards of the Micro and Small Enterprises Facilitation Council without the mandatory deposit of 75% of the awarded amount as per Section 19 ....
The mandatory pre-deposit requirement under Section 19 of the MSMED Act, 2006 for challenging an award and the overriding effect of the MSMED Act, 2006 over the Arbitration Act, 1996 in specific disp....
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....
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....
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