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VINOD S. BHARDWAJ
Rex GIobal Limited – Appellant
Versus
Supreme Rubbers India Ludhiana – Respondent
| Table of Content |
|---|
| 1. claim petition challenges and contract details. (Para 2 , 3) |
| 2. pending objections in facilitation council. (Para 4 , 7 , 8) |
| 3. limitation and registration issues under msmed act. (Para 5 , 6) |
| 4. supreme court ruling on claims prior to registration. (Para 9) |
| 5. dismissal of petitions as premature. (Para 10 , 11) |
JUDGMENT
Mr. Vinod S. Bhardwaj, J.
Both the above said writ petitions are being disposed of by a common order as the controversy involved in them is identical.
2. The brief facts in CWP-9991-2023 relate to raising a challenge to the proceedings instituted before the respondent No.2- District Level Micro and Small Facilitation Council, Ludhiana, on a claim petition/reference No.946 of 2020. It has been averred by the petitioner that it has been falsely embroiled in the claim petition by respondent No.1- M/s Supreme Rubbers India, Ludhiana.
3. The above claim application has been submitted under Section 18 of the Medium, Small and Medium Enterprises Development Act, 2006 (hereinafter to be referred as the MSMED Act, 2006') based on a contract dated 10.02.2014 for recovery of principal amount of Rs.13,89,500/- and interest of Rs.15,47,907/- thereupon. It is averre
If any registration under the MSMED Act is obtained, the same will be prospective and would apply to supply of goods and services subsequent to registration but cannot operate retrospectively. Accord....
The judgment establishes that Article 226 of the Constitution of India cannot be invoked when other legal remedies have not been pursued, and it underscores the importance of timely recourse to avail....
The central legal point established in the judgment is that the benefits under the MSMED Act, 2006 would not apply if the registration under the Act was obtained subsequently, as clarified by the Sup....
The registration under the MSMED Act, 2006 applies prospectively and not retrospectively, and the benefits of the Act do not apply if the registration is obtained subsequently to the agreement and th....
The benefits under the MSME Act do not apply if the registration under the Act was obtained subsequently.
The MSMED Act, 2006 applies only to delayed payments to Micro and Small Enterprises, and it does not contemplate an independent claim by the Buyer against the Supplier.
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