Undertakings Act, 1993 and Section 6 of
the said Act was similar to the provisions of Section 18 of the MSME Act ... predecessor Act to the MSME Act [Secur
Industries Limited (supra)], there is an incorporation of the Arbitration
Act into the MSME Act
award pursuant to section 18(3) of the MSME Act is always as per
Section 16 of the Act, which prescribes date ... similarity between the struck down Section
17 of the SARFAESI Act, 2002 with Section 19 of the MSME Act, the
question
with the authority referred under sub-section
(1) of Section 8 of the MSME Act and includes any company, co-
operative society ... MSME Act
as also the Arbitration Act , which reads as under:
"Certain provisions of MSME Act :-
2.Definitions.- In this Act, unless
Act.
18. In the event conciliation under Section 18(2) of the MSME Act
is not successful and is terminated without any settlement ... section (5) of Section 18 of the MSME Act of the
MSME Act must be substantially adhered to. However, the same
under Section 18(2) of
the Act failed and the dispute is referred for arbitration under
Section 18(3) of MSME Act ... making such a reference."
18. A perusal of Section 18(2) of the Act would reveal that MSME
Council, on receipt
MSME Act .
19
11. The Micro, Small and Medium Enterprises
Development Act, 2006 (already referred to as, "the MSME
Act ... provisions of the
MSME Act as well as the 1996 Act, Supreme Court came to
the conclusion that MSME Act is a special
Section 76 of the Arbitration Act, such declaration to be
made under Sub Section (b) of Section 76 of the Arbitration Act ... MSME Act was
properly invoked or under Sub- Section 3 and 4 of Section 18 of the
MSME Act, whether proper
anxious consideration, keeping in mind
sub-section (2) of Section 32 of ' MSME Act '
corresponding provision to 'the Interest ... decree.
18. The provisions made under Section 7 of 'the Interest
Act, 1993' as also Section 19 of ' MSME
Commercial),
Dehradun under Section 34 of the Arbitration & Conciliation Act, 1996
read with Section 19 of the MSME Act ... appeal/application under Section 34 of the Arbitration & Conciliation
Act read with Section 19 of the MSME Act
relied on Sections 7 and
also Section 8 of MSME Act to claim that Section 8 had given option ... falls under Section 7 examining
Notifications under Explanation 2 or Sub- Section 9 of Section 7 of MSME
Act
