JUDGMENT :

Biswanath Rath, J.

1. This is a Writ Petition filed assailing the impugned order vide Annexure-1 whereby considering the request of the Opp. Party therein, i.e. the present Petitioner, for referring the matter for Arbitration under Section 8 of the Arbitration & Conciliation Act, 1996, the authority has passed the order deciding to consider the matter under the provisions contained at Section 18(4) of the Micro, Small & Medium Enterprises Development Act. 2006. Mr. Patnaik, Learned Counsel appearing for the Petitioner states that the order is illegal on the following grounds:

(1) The rejection of Petitioner's claim for taking the matter under Section 8 of Arbitration & Conciliation Act 1986 is improper.

(2) Since the parties have entered into a contract, they are bound by the terms of the contract. The contract having contained a clause vide Proviso-22 making a provision for amicable settlement as well as arbitration of the matter following the provisions of Arbitration & Conciliation Act, 1996, the parties are bound by the same & a proceeding under Section 18 of the Micro, Small & Medium Enterprises Development Act, 2006 is not maintainable.

(3) Even assuming that a proceedi