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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN
V.K.S. Constructions – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. nature of the petition regarding msme and arbitration (Para 2 , 4 , 5 , 6) |
| 2. issues regarding maintainability of the writ and appeal remedies (Para 3 , 7 , 12) |
| 3. contestations around jurisdiction and types of contracts (Para 8 , 10 , 11) |
| 4. importance of alternative remedies in judicial review (Para 13 , 14 , 15) |
| 5. writ jurisdiction limitations regarding contractual disputes (Para 16 , 17) |
| 6. court's final decision on the writ petition and available remedies (Para 18) |
ORDER :
K. LAKSHMAN, J.
Heard Mr. K.R. Kaushal Karan, appearing as party-in-person, representing the Petitioner, Mr. G. Madhusudhan Rao, learned standing counsel appearing for Respondent No. 3 and learned Asst.Govt.Pleader for Industries and Commerce, appearing for respondent Nos.1 and 2.
2. This writ petition is filed to declare the order dated21.12.2024 passed in Case No.1292/MSEFC/2021 by 2nd respondent as non-arbitrable and illegal and to direct the Respondent No.2 to dispose of the case of the petitioner in accordance with the provisions of Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as ‘the MSME Act’).
3. The present case involves a question whether a writ petit
A writ petition challenging an order of non-arbitrability under the Arbitration Act is not maintainable when an alternative remedy via appeal exists.
The appellant should await the passing of the final award and take recourse under Section 34 of the Act of 1996, and no writ petition can be maintained against the in-between orders of the Arbitral T....
Works contracts cannot invoke the jurisdiction of MSEFC under the MSMED Act, necessitating arbitration under the Arbitration and Conciliation Act, thereby rendering MSEFC proceedings void.
The MSMED Act applies to work contracts, and the parties are bound to follow the mechanism provided under Section 18 of the Act, including participation in arbitration and the Tribunal's jurisdiction....
The Facilitation Council lacks jurisdiction over disputes arising from works contracts under the MSME Act, and principles of natural justice must be adhered to in adjudicatory processes.
The MSEFC lacks jurisdiction to adjudicate disputes arising from works contracts, which necessitate arbitration under traditional frameworks, not the MSMED Act.
Important Point : The court established that statutory remedies must be exhausted before invoking writ jurisdiction against awards under the MSMED Act.
Writ petitions challenging an Arbitral Award for lack of jurisdiction are not maintainable if the jurisdiction issue is not raised before the Arbitrator, resulting in a waiver of the right to dispute....
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