VIPIN SANGHI, ALOK KUMAR VERMA
B. S. Polypack through its proprietor – Appellant
Versus
Uttaranchal Agro Food Ruler Mills – Respondent
JUDGMENT :
VIPIN SANGHI, J.
The present appeal, under Section 37 of the Arbitration and Conciliation Act, is directed against the judgment dated 27.09.2022, passed by the court of Additional District Judge, Commercial, Dehradun, in Arbitration Case No. 35 of 2020, C.G. No. 69 of 2020, whereby the objections preferred by the respondent under Section 34 of the Arbitration and Conciliation Act against the Award passed by the Facilitation Councildated 25.01.2020 have been allowed, and the said Award was set aside.
2) The appellant and the respondent entered into a commercial transaction, where under the appellant - being a micro enterprise, has undertaken the supply of certain goods to the respondent. A dispute arose with regard to the amount payable to the appellant. Since the appellant is a micro enterprise, the appellant invoked the remedy available to it under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act). The Micro, Small and Medium Enterprises Facilitation Council initiated conciliation proceedings. The claim of the appellant was registered as Case No. 271. On 04.11.2019, the said Facilitation Council recorded its minutes. The same reads as
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