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2011 Supreme(Mad) 2696

R.BANUMATHI, V.PERIYA KARUPPIAH
Goodyear India Limited, Represented by its Zonal Manager A. Babu Raj – Appellant
Versus
Nortan Intech Rubbers – Respondent


Advocates Appeared:
For the Appellant:S. Silambannan, Senior Counsel, M/s. Rajani Ramadoss, Advocate.
For the Respondent:G.S. Rajasekaran, Managing Director, Advocates.

JUDGMENT :-

V. Periya Karuppiah, J

1. This appeal is directed against the order of the learned single Judge dated 07.04.2011 made in O.P.No.888 of 2010, an application to set aside the award under Arbitration and Conciliation Act, 1996.

2. The appellant herein was the petitioner before the learned single Judge and the respondent before the Arbitrator / MSE Facilitation Council. The first respondent, who was the applicant before the said Council, raised the dispute in between the appellant and first respondent in respect of payment of the money payable towards 52 bills spanning the period 23.05.1997 to 11.02.1998 amounting to a sum of Rs.70,93,422.52 and seven bills for the period 26.08.1999 to 16.10.1999 amounting to Rs.9,18,072/- for a total sum of Rs.80,11,495/- with subsequent interest. The said claim was made before the said Council by the first respondent as applicant before the said MSE Facilitation Council (herein after referred to as Council) as per the provisions of "The Micro, Small and Medium Enterprises Development Act, 2006" (herein after referred to as MSMED Act) and on the claim made, the said Council also held enquiry in accordance with the law and found the appellant



























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