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BOMBAY HIGH COURT
C.P. Sen, J
M/s. Steel Authority of India – Appellant
Versus
Micro, Small Enterprises Facilitation Council – Respondent
| Table of Content |
|---|
| 1. introduction and challenge to jurisdiction (Para 1 , 4) |
| 2. background of the dispute regarding defective goods (Para 2 , 3) |
| 3. arguments on arbitration agreement vs council jurisdiction (Para 5 , 9) |
| 4. role of the council under the act (Para 6 , 12) |
| 5. court's decision on independent arbitration agreement (Para 11 , 14) |
1. Rule. Rule returnable forthwith. Heard finally by consent of the parties.
2. This is a petition by M/s. Steel Authority of India, questioning the jurisdiction of respondent no.1the Micro, Small Enterprises Facilitation Council (hereinafter referred to as "the Council") in entertaining a reference under S.18 of the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as "the Act"), in disputes, which have arisen between the petitioners as a buyer of goods from respondent no.2M / s. Vidarbha Ceramics Pvt. Ltd, as seller.
3. Respondent no.2M / s. Vidarbha Ceramics Pvt. Ltd. (hereinafter referred to as "the Supplier") has supplied certain goods to the petitioners (hereinafter referred to as "the Buyers") under a contract for supply of Fire Clay Refractory CokeOven.
According to the petitioners, the materials supplied by t
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