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SANJEEV KUMAR
Union Territory of J&K – Appellant
Versus
Aibak Electric Industries – Respondent
JUDGEMENT
1. Union Territory of Jammu and Kashmir through Chief Engineer, M&RE Wing, Srinagar, alongwith Executive Engineer Electric Division Baramulla have filed this petition under Article 227 of the Constitution of India for seeking quashment of an award dated 20.04.2021 passed by the Secretary, Micro and Small Enterprises Facilitation Council, Kashmir Division, Srinagar, in case titled Aibak Electrical Industries v. Chief Engineer, M&RE Wing, Srinagar, as also an order dated 13.06.2023 passed by the court of learned Additional District Judge (Bank Cases) Srinagar ['the executing Court'].
2. Briefly stated the facts projected by the petitioners in this petition are that on 11-06-2020 the respondent filed an application under the Micro, Small and Medium Enterprises Development Act, 2006 ['MSMED Act, 2006'] regarding delayed payments before the Secretary, Micro and Small Enterprises Facilitation Council, Kashmir Division, Srinagar ['the Council']. On receipt of reference the Secretary of the Council vide its communication dated 14-07-2020 called upon the petitioner No. 2 to furnish the details in respect of the reference received, within a period of seven days with regard to; (i) da
The lack of conciliation does not undermine the statutory obligation to make payment under the MSMED Act, emphasizing the importance of adherence to payment timelines by the buyer.
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....
The MSMED Act, 2006 applies only to delayed payments to Micro and Small Enterprises, and it does not contemplate an independent claim by the Buyer against the Supplier.
The MSMED Act, 2006 provides a specific dispute resolution mechanism that overrides private arbitration agreements, making writ petitions not maintainable when an alternative remedy exists.
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