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P. SAM KOSHY, N. TUKARAMJI
Deccan Power Products Pvt. Ltd. – Appellant
Versus
Hyderabad Metro Water Supply and Sewarage Board – Respondent
JUDGMENT :
(P. Sam Koshy, J.)
Heard Mr. A.Venkatesh, learned Senior Counsel assisted by Mr. Sathakarni K, learned counsel for the appellant and Mr. G.Narender Reddy, learned Standing Counsel for HMWS & SB appearing for the respondents.
2. Aggrieved by the order dated 27.12.2014 passed by the X Addl. Chief Judge, City Civil Court at Hyderabad (for short the ‘Court below’) in Arbitration O.P. No.1212 of 2013, the instant appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter the ‘Act of 1996’) has been filed by the appellant.
3. The questions of law to be decided in the instant appeal are:-
2. Whether the provisions of Section 18, particularly Sub-Section (2) of the Act of 2006, is a mandatory provision or not?
4. The facts relevant for adjudication of the present dispute are that respondent No.1 herein i.e. M/s. Hyderabad Metro Water Supply and Sewerage Board had invited tenders from the manufacturers of Water Meters/Authorized Dealers/Agencies for the work of supply, fixing and maintenance
Non-compliance with mandatory provisions of Section 18(2) of the Micro, Small and Medium Enterprises Development Act, 2006 vitiates the award, rendering it null and void.
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....
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 lack of conciliation does not undermine the statutory obligation to make payment under the MSMED Act, emphasizing the importance of adherence to payment timelines by the buyer.
Section 34 of the Arbitration Act arises as is evident from sub Section (6) of Section 16 of the Arbitration Act, which inter alia provides that the parties aggrieved by such an arbitral award may ma....
An arbitration agreement supersedes jurisdiction under the Micro and Small Enterprises Facilitation Council provisions when conflicts are solely related to arbitration agreements.
The Facilitation Council must adhere to the procedural requirements of both the MSMED Act and the Arbitration Act, and failure to do so renders any award issued a nullity, which can be challenged out....
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....
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