State Trading Corporation Of India Ltd vs Micro And Small Enterprises ... on 6 April, 2023

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Delhi High Court - Orders

State Trading Corporation Of India Ltd vs Micro And Small Enterprises ... on 6 April, 2023

Bench: Prathiba M. Singh

                          $~50
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +                                W.P.(C) 4227/2023
                                 STATE TRADING CORPORATION OF INDIA LTD ..... Petitioner
                                              Through: Mr. Sanjeev Puri Sr. Adv. with Ms.
                                                       Pragya Puri and Mr. Aditya Awasthi
                                                       Advs. (M: 9818973250).
                                              versus

                                 MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL,
                                 DELHI COMMISSIONER OF INDUSTRIES
                                 & ANR.                              ..... Respondents
                                              Through: None.

                                 CORAM:
                                 JUSTICE PRATHIBA M. SINGH
                                          ORDER

% 06.04.2023

1. This hearing has been done through hybrid mode. CM APPL. 16430/2023 (for exemption)

2. Allowed subject to all just exceptions. Application is disposed of. W.P.(C) 4227/2023

3. The present petition has been filed seeking quashing of the arbitral award dated 1st December, 2022, passed by the ld. Arbitrator in Arb. Case:

DL/10/M/SWC/00035 of 2022 titled M/s P.K. Eporters v. State Trading Corporation of India. The challenge to the award is based on the ground that Respondent No.2- M/s P.K. Exporters was not registered under the MSME Act at the time when reference was made in the year 2018 to Respondent No1- Micro and Small Enterprises Facilitation Council, Delhi.

4. Registry to issue an intimation to Respondent No. 2 of the filing of this petition.

Signature Not Verified Digitally Signed By:RAHUL Signing Date:10.04.2023 18:11:04

5. It is made clear that no notice has been issued in this matter as the award has been rendered on 1st December, 2022 which is stated to have been received by the Petitioner only on 1st February, 2023.

6. The remedies of the Petitioner in terms of the Arbitration and Conciliation Act, 1996 are left open to be availed of and no benefit of the pendency of this writ shall be given to the Petitioner in reckoning the period of limitation under the said Act.

7. List along with MSME matters on 9th May, 2023.

PRATHIBA M. SINGH, J APRIL 6, 2023 mr/sk Signature Not Verified Digitally Signed By:RAHUL Signing Date:10.04.2023 18:11:04

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Delhi High Court - Orders