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2017 Supreme(Mad) 3744

S.VIMALA
Ved Prakash, Karmic Energy Private Ltd. – Appellant
Versus
S. Ponram Unicorn Engineers – Respondent


Advocates Appeared:
For the Appellant : Vibhu Shankar.

JUDGMENT :

S. Vimala, J.

1. Whether the provision providing for, dispute resolution mechanism under Section 18 of the MSMED Act, through Micro and Small Enterprises Facilitation Council would override the dispute resolution mechanism, as provided under the Arbitration and Conciliation Act, 1996, Arbitration Clause under the contract; out of two, which enactment is special; when each of the enactment is special with reference to the context, i.e. when the method under MSMED Act is special with reference to the nature of the dispute and when the Arbitration under the Arbitration and Conciliation Act is special with reference to the methodology of the dispute resolution, which shall be preferred over which and if so, under what circumstances?

Whether pre-deposit of 75% of the award amount is the prerequisite for entertaining any application for setting aside any award, decree or other orders made by the Micro and Small Enterprises Facilitation Council?

Whether that pre-requisite can be waived, when the benefit of waiver is claimed, but not by the supplier?

These are the issues raised in this Application.

2. The Main Petition has been filed by the appellant/the respondent before the MSE Faci














































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