Small Enterprises Facilitation
Council, Gandhinagar, Gujarat (hereinafter referred to as "MSEFC")
whereby, it terminated the conciliation proceedings conducted
Page 1 of 38
Downloaded ... arbitration proceedings under
Section 18(3) of the MSME Act before the MSEFC.
[2.0.] The respondent No.3 - M/s Rachna Infrastructure Ltd.
filed reference
Micro and Small Enterprises
Facilitation Council [hereinafter referred to as, `MSEFC']
under the 2006 Act as the petitioner had not executed any
contract / agreement ... raised in addition to other objections /
contentions of the petitioner.
3.7 The MSEFC issued notice dated 25.05.2018 fixing
31.05.2018 for preliminary meeting. The petitioner
attended
under Article 227 of the
Constitution of India challenging the proceedings in MSEFC/CR/43/2018,
MSEFC/CR/39/2018, MSEFC/CR/42/2018, MSEFC ... 2018,
MSEFC/CR/41/2018, MSEFC/CR/37/2018 respectively, on the file of the
MSME Council, under the MSMED Act, 2006 .
For Petitioner
Elecon Enginerring Company Ltd vs Chairman Ap.Msefc And Anothers on 30 January, 2020
Author: U.Durga Prasad Rao
Bench: U. Durga Prasad
that it has applied to the Micro & Small
Enterprises Facilitation Council (MSEFC) for arbitration proceedings
but the said Council has not responded thus ... alia, as under:
"....
6. Mr. Siddharth Dutta, learned counsel appearing
for MSEFC countered the aforesaid submissions and
relied on the decision of the Punjab
records of the first respondent culminating the order
O.P.No.MSEFC/CR/23/2013 and O.P.NO.MSEFC/CR/37/2013 dated ... first respondent in respect of the order passed in
O.P.No.MSEFC/CR/06/2013 dated 27.12.2016, quash the same and
direct the first
records of the first respondent culminating the order
O.P.No.MSEFC/CR/23/2013 and O.P.NO.MSEFC/CR/37/2013 dated ... first respondent in respect of the order passed in
O.P.No.MSEFC/CR/06/2013 dated 27.12.2016, quash the same and
direct the first
after conciliation and
arbitration as per the MSMED Act, 2006 the
MSEFC concludes that the deductions from
the security deposit and adjustment ... which was
confirmed by the petitioner. It was pointed
out that the MSEFC is to facilitate delay
payments to micro and small enterprises
only
either party,
but expressly provides that the same would be conducted by MSEFC
or by any institution or a centre providing alternate dispute resolution
services
registered in U.P. Sate with the direction to claimant to approach MSEFC set up by the U.P. Govt. if they so desire