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2024 Supreme(Online)(Bom) 6541

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
ARUN R. PEDNEKER, J
MR SAROJKUMAR RAMCHANDRA GONJARI – Appellant
Versus
THE STATE OF MAHARASHTRA THROUGH ITS CHIEF SECRETARY – Respondent


Advocates:
Advocate for the Petitioner:Mr. Prasad Sapte a/w. Mr. Saurabh Kokane i/b. YNZ Legal AGP for Respondent / State:Mr. N. D. Raje Advocate for Respondent No.3: Mr. Pawan K. Lakhotiya

JUDGMENT:

ARUN R. PEDNEKER, J.

1. By the present petition, the petitioner challenges the impugned order (award) dated 02.02.2024, in case No.MH/04/ard/00100 for being in violation of the statutory law, for being patently illegal, invalid and against the principles of natural justice. The petitioner has invoked the jurisdiction of this court to challenge the ‘Award’, contending that the award is ex-facie illegal and does not constitute an award within the meaning of and as contemplated under Section 18 of the Micro Small and Medium Enterprises Development Act, 2006 (for brevity “MSMED Act”) and, as such, submits that without invoking the remedy of appeal as is available under Section 34 of the Arbitration Act, the petitioner has approached this court invoking jurisdiction of this court under Articles 226 227 of the Constitution of India for quashing the said order as being patently illegal.

2. Facts as pleaded in the petition are briefly summarized as under:

A] The petitioner is a private limited company registered under the provisions of the Companies Act having it’s registered office at Gut No.1258/1259, Sanaswadi, Nagar Road, Pune.

B] The petitioner entered into a supplier agreement w

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