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T. MADHAVI DEVI
Bharat Heavy Electricals Limited – Appellant
Versus
State of Telangana – Respondent
ORDER :
In this writ petition, the petitioner is seeking a writ of Certiorari calling for records leading upto the order passed by the official respondent No.3, dated 27.10.2022 vide Case No.193/IC/Mdl-Mlg/2020, as being illegal, arbitrary and nonest in law as it is contrary to the provisions of Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 and the Telangana Micro, Small Enterprises Facilitation Rules, 2014 and consequently to set aside the same and to pass such other order or orders.
2. Brief facts leading to the filing of the present writ petition are that the writ petitioner and unofficial respondent No.4 had an arrangement for supply of products for 4X270 MW project at Manuguru, Telangana. The unofficial respondent No.4 alleging that it did not receive certain amounts from the petitioner and claiming to be a registered entity under the provisions of Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), has filed an application before the official respondent No.3 under Section 18(1) of MSME Act vide Case No.192/IFC/Mdl-Mlg/2020, seeking recourse against the petitioner company under the MSME Act for the alleged claim amount under Purchase order N
The central legal point established in the judgment is the importance of following the prescribed procedures and principles of natural justice in arbitration proceedings under the MSME Act and the Ar....
The main legal point established is that arbitration proceedings under the MSMED Act must adhere to the procedural requirements of the Act and the Arbitration and Conciliation Act, 1996.
The conciliation proceedings contemplated under Section 18(2) of MSMED Act is mandatory in nature, and failure to comply with the mandatory procedure vitiates the impugned order.
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....
There is a fundamental difference between conciliation and arbitration – In conciliation conciliator assists parties to arrive at an amicable settlement, in an impartial and independent manner – In a....
The arbitration proceedings initiated under Section 18 of the MSMED Act must comply with the provisions of the Arbitration and Conciliation Act, and failure to do so constitutes a breach of the Act.
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....
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