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P. D. AUDIKESAVALU
Kalpataru Power Transmission Limited, Represented By its Authorized Signatory Mr. Harbinder Gulati Madurai – Appellant
Versus
Thiru. N. Athimuthan (Proprietor), M/s. Aathees Hard Flooring, Madurai – Respondent
JUDGMENT
(Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records pertaining to the proceedings intiated in O.P.55/MSEFC/Madurai/2021 by the 2nd respondent which culminated into an order dated 26.07.2022 in case No. MSEFC/MDU/55/2021 passed by the 2nd Respondent and quash the same.)
1.Heard Mr. M.Vallinayagam, Learned Senior Counsel appearing for the Petitioner, Mr. S.Meenakshisundaram, Learned Senior Counsel appearing for the First Respondent and Mr. V.J.Kumaravel, Learned Counsel for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties.
2. The First Respondent made a claim in Case No. MSEFC/MDU/55/2021 before the First Respondent under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as ''the MSMED Act'' for short), for payment of Rs. 99,74,825/- from the Petitioner towards the amount due for the works carried out with calculation in terms of the Act, in which an order dated 26.07.2022 was passed holding that the Petitioner was liable to pay the sum of Rs. 99,74,825/- together with compounded inte
The mandatory nature of the pre-deposit requirement under Section 19 of the MSMED Act and the discretion of the court to permit the buyer to remit the amount in installments.
The conciliation proceedings contemplated under Section 18(2) of MSMED Act is mandatory in nature, and failure to comply with the mandatory procedure vitiates the impugned order.
Writ Jurisdiction – Access to High Courts by way of writ petition under Article 226 of Constitution of India, is not just a constitutional right but also a part of basic structure – It is available t....
Jurisdictional challenges to arbitration awards must be raised under Section 34 of the Arbitration Act, and the pre-deposit requirement under Section 19 of the MSME Act is mandatory.
The High Court cannot exercise its writ jurisdiction under Article 226 or 227 of the Constitution against the awards or orders passed by the Arbitral Tribunals as it would defeat the object of minimi....
The main legal point established is that arbitration proceedings under the MSMED Act must adhere to the procedural requirements of the Act and the Arbitration and Conciliation Act, 1996.
Important Point : The court established that statutory remedies must be exhausted before invoking writ jurisdiction against awards under the MSMED Act.
The High Court cannot entertain writ petitions challenging awards of the Micro and Small Enterprises Facilitation Council without the mandatory deposit of 75% of the awarded amount as per Section 19 ....
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