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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
PUSHPENDRA SINGH BHATI, BALJINDER SINGH SANDHU
Executive Engineer, Phed City Division Ii Kota – Appellant
Versus
Sachdeva Metal Works, Jalandhar – Respondent
ORDER :
1. The matters comes up on applications under Section 5 of the Limitation Act seeking condonation of delay in filing the instant appeals bearing D.B. Civil Misc. Appeal Nos.1636/2023, 1124/2023, 2803/2023, 3875/2023, 120/2024, 851/2024 & 4379/2024.
1.1 For the reasons mentioned in the applications, the same are allowed. The delay in filing the aforementioned appeals is condoned.
2. With the consent of learned counsel for the parties, the matters are heard finally.
3. The broader controversy in the present cases is that certain NITs were invited by the appellants for supply of ISI marked Sluice valves and after going through the process, the contract / agreement was executed between the parties and the work commenced. The respondents made a reference under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (for short ‘the Act of 2006’) claiming certain amount as principal along with interest, whereupon an award dated 17.05.2021 (in D.B. Civil Misc. Appeal No.1625/2022) was passed by the District Level Micro and Small Enterprises Facilitation Council, Jalandhar (for short, ‘MSEFC’) in favour of the contractor. The said instant D.B. Civil Misc. Appeal
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 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 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....
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 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.
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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