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2022 Supreme(Ori) 724

IN THE HIGH COURT OF ORISSA AT CUTTACK
ARINDAM SINHA
Bridge and Roof Co. (India) Ltd., Kolkata – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Petitioner:Mr. Shiv Shankar Banerjee, Advocate, Mr. Jyotirmaya Prasad Behera, Advocate
For the Opposite Party :Mr. A.K.Sharma, AGA, Mr. Gouri Mohan Rath, Advocate, Mr. S.S.Padhy, Advocate

Table of Content
1. relief sought for quashing case based on contract status. (Para 1 , 3)
2. composition of arbitral tribunal under 1996 act. (Para 2 , 5 , 11)
3. supreme court rulings on applicability of msme act. (Para 4 , 6 , 8)
4. interpretation of applications and timing of registration. (Para 7 , 9 , 10)
5. court’s order to quash msefc case. (Para 12 , 13)

ORDER :

ARINDAM SINHA, J.

1. Mr. Banerji, learned ad vocate appears on behalf of petitioner and submits, his client seeks relief of quashing MSEFC Case no.68 of 2021 (M/s. Adarsh Nobel Corporation Ltd. v. Bridge & Roof Construction Company India Ltd.), pending before the Council. He submits, the contract was entered into by opposite party no.4 with his client on 11th June, 2010, prior to its registration as a small enterprise, pursuant to date of filing on 18th December, 2015. He relies on judgment of Supreme Court in Silpi Industries etc. v. Kerala State Road Transport Corporation available at AIR Online 2021 SC 993 paragraph-26. He relies on another judgment of the Supreme Court in M/s. Vaishno Enterprises vs. Hamilton Medical AG available at AIR online 2022 SC 386. He draws attention to paragraphs 8.2 and 8.3 in the print.

2.

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