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2021 Supreme(J&K) 630

TASHI RABSTAN
Punjab State Power Corporation Ltd. – Appellant
Versus
Gulati Metals – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Vikram Sharma, Sachin Dev Singh
For the Respondent: K.S. Johal, Karman Singh Johal

JUDGMENT :

CM(7533/2021)

1. Petitioners-applicants have knocked the doors of this Court, after suffering an award dated 02.03.2020 fastening it with a liability of Rs. 6,04,97,579/- on account of interest on delayed payment by the Micro and Small Enterprises Facilitation Council, (MSEFC, for short) under Section 15 of the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter for brevity referred to as MSMED Act) with the petition (Arb. P. No. 51/2021) challenging the same on the grounds that the statutory conciliation proceedings were continuing, but, MSEFC, Jammu without adhering to the provisions, procedures and mandate of MSMED Act as also that of Arbitration & Conciliation Act, 1996 (for short A&C Act) and passed the award dated 02.03.2020 at the back of as well as without hearing the applicants, which is against public policy and also natural justice as the same came to be passed during the times when COVID-19 cases in the entire country were seeing a dangerous uncontrolled upsurge resulting in unprecedented death rate. To ensure that the said petition filed by the applicants under Section 34 of the A&C Act does not fail on account of the applicability of law o

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