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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.SAM KOSHY, N.TUKARAMJI
Transmission Corporation of Andhra Pradesh Limited – Appellant
Versus
Gowri Shankar Cable Industries – Respondent
| Table of Content |
|---|
| 1. initial case overview and introduction of parties. (Para 1 , 2) |
| 2. facts of the case and chronology of events. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. arguments regarding limitation and statutory interpretation. (Para 9 , 10 , 12 , 13) |
| 4. nature of the relationship and agreements between parties. (Para 15 , 16 , 17) |
| 5. provisions of the acts facilitating small scale industries. (Para 18 , 19) |
| 6. judicial interpretation of limitation issues. (Para 20 , 21) |
| 7. court's analysis on limitation affecting the case. (Para 22 , 23 , 24) |
| 8. final decision and closure of the case. (Para 25 , 26) |
JUDGMENT :
P. Sam Koshy, J.
1. Since the issue raised in the instant appeals is one and the same, they are taken up for analogous hearing and are decided by way of this common judgment.
2. Heard Mr. Vikram Pooserla, learned Senior Counsel representing Mr. Anup Koushik, learned counsel for the appellants and Mr. P. Sri Raghu Ram, learned Senior Counsel representing Mr.K. Raghu Babu, learned counsel for respondent No.1.
3. For convenience, the facts in Civil Miscellaneous Appeal No.940 of 2015 are discussed hereunder.
4. The instant is an appeal under Section 37 of the Arbitration and Conciliation Act, 19
The Limitation Act applies to claims under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, despite the latter lacking a specific limitation period.
Facilitation Council cannot reject reference under MSMED Act Section 18(1) on limitation; must attempt conciliation under 18(2) even for time-barred claims, as non-adjudicatory; limitation applies on....
The court determined that delay in filing a Section 34 application was justifiable due to the appellant's prior bona fide pursuit of a Writ Petition and the impact of COVID-19 on limitation periods.
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....
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 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....
The High Court cannot entertain writ petitions challenging awards of the Micro and Small Enterprises Facilitation Council without the mandatory deposit of 75% of the awarded amount as per Section 19 ....
The court affirmed that claims in arbitration must be asserted within the limitation period, and undue delays in invoking arbitration can render claims invalid.
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