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2020 Supreme(All) 366

SUDHIR AGARWAL, RAJEEV MISRA
TBED (India) Transformer Private Limited – Appellant
Versus
U. P. Micro And Small Enterprises – Respondent


Advocates Appeared:
For the Petitioner: Sarvanand Pandey, Alexander Iqbal

JUDGMENT :

Sudhir Agarwal, J.

1. Heard Sri Akshay Saprey, holding brief of Mr. Sarvanand Pandey, learned counsel for petitioner and perused the record.

2. This writ petition under Article 226 of Constitution of India has been filed by petitioner, TBEA (India) Transformer Private Limited having its registered Office at Revenue Survey No.745-Lot 3, TBEA Green Energy Park, N.H.-8, Village-Miyagam Karjan Vadodara, Gujarat (hereinafter referred to as 'petitioner') with a prayer to issue a writ of certiorari to quash order dated 23.12.2019 passed by respondent-1 i.e. U.P. Micro and Small Enterprises Facilitation Council (hereinafter referred to as “MASEF Council”) having its Office at Udyog Bhawan, Kanpur Nagar and also to issue a writ of mandamus to call for record of Claim Petition No. 216 of 2019 on the ground that parties have agreed to settle their dispute through arbitration under the provisions of Arbitration and Conciliation Act, 1996 (hereinafter referred to as “Act, 1996”) and Council has no jurisdiction to proceed with arbitration.

3. Facts in brief giving rise to this petition are that petitioner is a Private Limited Company incorporated under Companies Act, 2013 (hereinafter ref

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