Back
SHEEL NAGU, MANINDER S. BHATTI
Ujas Associates – Appellant
Versus
Kjs Cement (India) Limited – Respondent
ORDER
1. In the instant appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as Act of 1996 for the sake of brevity), the appellant challenges the order dated 08/04/2021 (Annexure P/1) passed by the IXth Additional District Judge, Rewa in MJC/AV 31/2021 wherein the application moved by the present appellant under Section 9 of the Act of 1996 has been rejected.
2. The factual matrix of the case setforth the relation-ship between the appellant and respondent in respect of contract pertaining to construction of Cement Mill/Grinding Unit. The appellant having its registration with Ministry of Micro, Small and Medium Enterprises, Government of India vide Udgyo Adhar No.MP 40 D 0005844 carrying the business in the name of Ujas Associates. The respondent is a company duly registered under the provisions of Companies Act, 1956, and its factory is located at village Amiliya, District Satna.
2.1 The petitioner and respondent were in transaction with regard to construction of Cement Mill Unit/Grinding Unit on the oral instructions of Vice Chairman cum Managing Director of the respondent's company. The petitioner by claiming itself to be a supplier
The main legal point established in the judgment is that the Facilitation Council has the jurisdiction to act as an Arbitrator after the failure of conciliation proceedings under the MSME Act. The ri....
The mandatory pre-deposit requirement under Section 19 of the MSMED Act, 2006 for challenging an award and the overriding effect of the MSMED Act, 2006 over the Arbitration Act, 1996 in specific disp....
Point of Law : Court are of the unhesitant view that learned Single Judge fell in error in not only entertaining the writ petition but also in allowing the same by setting aside the award dated 28.10....
The Micro, Small and Medium Enterprises Development Act, 2006 has overriding effect over the Arbitration and Conciliation Act, 1996 when the jurisdiction of the Council has been invoked, and the Coun....
The jurisdiction for hearing arbitration matters must align with commercial dispute designations; an order from a court without proper jurisdiction is void.
The court upheld that statutory remedies under the MSMED Act take precedence over private arbitration agreements, affirming the Facilitation Council’s jurisdiction in disputes involving MSMEs.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
