instead
filed an application before the Micro and Small Enterprises
Facilitation Council (MSEFC) at Bangalore, with a prayer to
direct the petitioner ... subject matter of the arbitration
agreement, it was prayed that the MSEFC refer the parties
to arbitration.
3. It was further contended that the petitioner
Manjunath Infratech Private Ltd vs The Chairman Msefc And Regional ... on 13 December, 2022
Author: M.Nagaprasanna
Bench: M.Nagaprasanna ... KIRAN.
...PETITIONER
(BY SRI.K.S.GANESHA., ADVOCATE)
AND:
1. THE CHAIRMAN MSEFC AND
REGIONAL COMMISSIONER
Digitally signed by
MYSURU DIVISION, MYSURU - 570 001.
PADMAVATHI
PRASHANTH G, ADVOCATE)
AND:
1. MICRO AND SMALL ENTERPRISES
FACILITATION COUNCIL(MSEFC)
REP BY ITS MEMBER SECRETARY
DEPARTMENT OF INDUSTRIES AND COMMERCE ... following text:
"ENDORSEMENT
Sub: Case No.213/2019- Application filed
before MSEFC by M/s Melange
Systems Pvt. Ltd., Bengaluru
regarding Claiming of delayed
PRASHANTH G, ADVOCATE)
AND:
1. MICRO AND SMALL
ENTERPRISES FACILITATION COUNCIL (MSEFC)
REP BY ITS MEMBER SECRETARY,
DEPARTMENT OF INDUSTRIES AND COMMERCE ... following text:
"ENDORSEMENT
Sub: Case No.212/2019- Application filed
before MSEFC by M/s Melange
Systems Pvt. Ltd., Bengaluru
regarding Claiming of delayed
reference under Section
18(1) of the Act, the Council [MSEFC] would either
conduct conciliation in the matter or seek assistance
of any institution ... conciliation proceedings conducted by
MSEFC.
16. Section 18(3) of the Act expressly provides that
in the event the conciliation initiated under Section
writ petition could never be
entertained against any order/award
of MSEFC, completely bars or prohibits
maintainability of the writ petition before the
High Court ... restriction of adequate alternative
remedy not apply?
(iii) Whether the members of MSEFC who
undertake conciliation proceedings, upon
failure, can themselves act as arbitrators
machine was secured in favezu" of MSEFC.
Tharefore, 'aha appeilani wanted the insurancg covar ta» be
ceurxter
proceedings
in respect of a dispute. It is thus evident that the MSEFC
cannot act as conciliator as well as arbitrator, or it may
choose ... resolution services for the
parties to conciliation or arbitration. However, once the
MSEFC acts as conciliator, in view of provisions of Section
parties were before the Micro and Small
Enterprises Facilitation Council (MSEFC) under the
provisions of the Micro, Small and Medium Enterprises
Development Act, 2006 , finally ... arbitration. The said
order is quoted before for ready reference:-
"108th MSEFC hearing dated 03.11.2017
Case No.37/2016
Case called.
Advocate for both
jurisdiction; or (iii)
where the vires of an Act is challenged.
Noticeably, Msefc as a statutory authority
performs a statutory role and functions within
