HIGH COURT OF MADRAS
Hon`ble Mr Justice C. SARAVANAN
Tamil Nadu Medical Services – Appellant
Versus
M/s.Smilax Healthcare Pvt Ltd – Respondent
ORDER
The petitioner has filed this petition under Section 11(4) of the Arbitration and Conciliation Act, 1996 for appointing an Arbitrator after an award dated 29.01.2023 was passed by a District Sessions Judge (retired) who was appointed as the sole Arbitrator by Himachal Pradesh Micro and Small Enterprises Facilitation Council under the provisions of Micro, Small and Medium Enterprises Development Act, 2006.
2. The facts on record however indicates that the respondent had invoked Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 and approached Himachal Pradesh Micro and Small Enterprises Facilitation Council. The aforesaid proceedings led to a reference of the dispute to a sole Arbitrator.
3. The reference has now culminated in an Award dated 29.01.2023 of an Arbitrator appointed by the said Facilitation Council a District Sessions Judge (retired) who was appointed as the sole Arbitrator by the aforesaid Facilitation Council. The petitioner has thereafter issued Section
21 notice on 16.08.2023 for appointment of an Arbitrator.
4. The learned council for the petitioner would submit that the appointment of Arbitrator by the Himachal Pradesh Micro and Small Ent
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