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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, M.JOTHIRAMAN, JJ
Alfa Therm Limited, 6, Community Centre, Mayapuri, – Appellant
Versus
Commissioner, Usilampatti Municipality, Usilampatti, Madurai District, Tamil Nadu – Respondent
JUDGMENT :
(G.R. Swaminathan, J.)
Heard the learned senior counsel for the appellant and the learned standing counsel for Usilampatti Municipality.
2.This writ appeal is directed against the order dated 01.10.2019 allowing W.P.(MD)No.10002 of 2019 filed by the Commissioner, Usilampatti Municipality by the learned Single Judge.
3.The Commissioner of Usilampatti Municipality and the appellant entered into an agreement on 26.02.2016. It was a solid waste management agreement. The appellant was to supply certain machineries / equipment and install them. Dispute arose between the parties. The appellant who is a registered MSME filed an application under Section 18 of the Micro Small and Medium Enterprise Development Act, 2006 before the Chairman, Micro and Small Enterprises Facilitation Council, Haryana at Chandigarh. The said Facilitation Council issued notice along with Claim Application No.954 of 2019 to the Commissioner, Usilampatti Municipality. The Commissioner, Usilampatti Municipality questioned the said notice on the ground that Micro and Small Enterprises Facilitation Council, Haryana lacks the territorial jurisdiction to entertain the claim lodged by the appellant. The writ petit
The jurisdiction of the Micro Small and Medium Enterprises Facilitation Council is determined by the supplier's registered office location, overriding any contractual jurisdiction clauses.
The literal interpretation of statutory provisions and the consideration of definitions are crucial in determining jurisdiction and eligibility under the law.
The Facilitation Council lacks jurisdiction over disputes arising from works contracts under the MSME Act, and principles of natural justice must be adhered to in adjudicatory processes.
The Act does not apply to works contracts with an element of supply and not mere supply and service contracts. The contractors must file the memorandum under section 8 of the Act to claim the benefit....
MSME Council would have no jurisdiction to entertain dispute when contract was entered into appellant was not MSME.
Section 34 of the Arbitration Act arises as is evident from sub Section (6) of Section 16 of the Arbitration Act, which inter alia provides that the parties aggrieved by such an arbitral award may ma....
The Micro, Small and Medium Enterprises Development Act has precedence over the Arbitration and Conciliation Act, allowing parties to reference disputes to the MSEFC despite existing arbitration agre....
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