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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Not specified, J
ER SURINDER SHARMA – Appellant
Versus
HIMACHAL PRADESH MICRO SMALL ENTERPRISES FACILITATION COUNCIL AND ANOTHER – Respondent
| Table of Content |
|---|
| 1. petitioner filed references under msme act for jurisdiction to recover amounts. (Para 2 , 3 , 4) |
| 2. objections regarding maintainability based on jurisprudence provided. (Para 5 , 6) |
| 3. clarifications on compliance with statutory remedies under the arbitration act. (Para 10 , 11) |
Both these petitions have been heard and are being decided together as common questions of facts and law are involved.
2. Petitioner claiming himself to be a supplier as per Section 2 (n) of the Micro, Small and Medium Enterprises Development Act, 2006 (for short “MSME Act”), filed two separate references before thet Himachal Pradesh Micro Small Enterprises Facilitation Council (for short “the Council”) under Section 18 of the MSME Act and sought recovery of certain amounts from respondent No.2 herein (for short “ANS construction”).
3. h The Council entered the references as Reference No. 20 of 2024 and Reference No.21 of 2024. However, vide impugned orders the Council held that it had no jurisdiction to enter the dispute between the claimant and the respondent in exercise of powers under Section 18 of the MSME Act for the reason that the claimant was registered as MSME only on 25.07.202
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