MADRAS HIGH COURT
N. Kirubakaran, J
Prime Technologies and Others v. Hamsa Watch Glass Pvt. Ltd. Chennai
| Table of Content |
|---|
| 1. award execution under the msme act. (Para 1) |
| 2. mandatory conciliation procedures. (Para 2 , 4) |
| 3. limits of execution court's authority. (Para 3 , 5 , 6) |
| 4. dismissal of the original side appeal. (Para 7) |
1. An award has been passed under the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter called ''the said Act'') dated 29.04.2011. The appellant chose not to file any objections qua the award and it is at the stage of execution that a plea is sought to be raised that the award is not executable being a nullity. The procedure prescribed in respect of the awards passed under S.18 and S.19 of Chapter - V of the said Act reads as under:
"18. Reference to Micro and Small Enterprises Facilitation Council -- (1) Notwithstanding anything contained in any other law for the time being in force, any party to a dispute may, with regard to any amount due under S.17, make a reference to the Micro and Small Enterprises Facilitation Council.
(2) On receipt of a reference under sub-section (1), the Council shall either itself conduct conciliation in the matter or seek the assistance of any institution or centre providing alternate dispute resolution services b
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