THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH ARBITRATION APPLICATION No.55 of 2025

ORDER:

Heard Mr. Rajeev Rambhatla, learned counsel representing Ms. Sirnapelly Pooja, learned counsel for the applicant and Mr. K.Keertivardhan Reddy, learned counsel for the respondent.

2. The main issue in the present application is not on the existence of the agreement between the parties or the existence of the dispute between the parties, but the forum before which the dispute can be adjudicated. Applicant is the first party under a Sub-Contractor Agreement dated 04.06.2022, which contains an arbitration clause 49, which is also not disputed by the respondent. The issue, as observed hereinabove, is whether the Micro & Small Enterprises Facilitation Council, Jammu (hereinafter referred to as ‘MSEFC’) would be the proper forum or an independent arbitrator appointed by this Court would be the forum where the dispute between the parties is to be adjudicated. Respondent admittedly is a Micro, Small and Medium Enterprise (hereinafter referred to as “MSME”) registered with the MSEFC, Jammu, on 27.04.2020 under the erstwhile “MSME UDYOG AADHAAR” system, whose registration was further renewed with