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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
REKHA BORANA
National Co-Operative Consumers Federation Of India Limited, (Ministry of Consumer Affairs Foods and Public Distribution, Government of India) through its Managing Director – Appellant
Versus
Micro and Small Enterprises Facilitation Council, MSEFS Rajasthan, Udaipur – Respondent
Order :
REKHA BORANA, J.
1. The present petition has been filed aggrieved of order dated 05.08.2021 (Annex.8) (wrongly mentioned to be 31.08.2021 in the prayer) whereby an Award/order has been passed against the petitioner firm by respondent No.1-Council.
2. A preliminary objection has been raised by Counsel for the respondents regarding maintainability of the present petition. Counsel submits that the impugned order is an ‘Award’ and hence, amenable to challenge under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act of 1996’).
3. Counsel while relying upon the Apex Court judgment in M/s India Glycols Limited and Another Vs. Micro and Small Enterprises Facilitation Council, Medchal - Malkajgiri and Others; AIR 2024 SC 285 submits that no order/award/decree passed in terms of Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as the ‘Act of 2006’) can be assailed in a writ petition.
4. Responding to the above preliminary objection, counsel for the petitioners submits that Order dated 05.08.2021 is in fact not an ‘Award’ in terms of the Act of 1996. It is an order passed by the Council and hence
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 main legal point established in the judgment is the requirement of complying with the provisions of Section 19 for challenging an award under the Act of 1996 and the limitations on entertaining a....
Non-compliance with mandatory provisions of Section 18(2) of the Micro, Small and Medium Enterprises Development Act, 2006 vitiates the award, rendering it null and void.
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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