Reason:
1
2006 (hereinafter referred to as the ‘ MSME Act, 2006 ’), the appellant
herein – original appellant/applicant has preferred the present appeal.
2. That ... parties are governed by the provisions of the MSME Act,
2006 . A dispute arose between the parties regarding payment of goods
which was taken
appellant was not registered MSME.
Considering the relevant provisions of the MSME Act more
particularly Section 2(n) read with Section 8 of the MSME ... entered into
the appellant was not MSME and therefore the parties
would not be governed by the MSME Act and the parties
shall be governed
Micro,
Small and Medium Enterprises Development Act, 2006 [" MSME Act "].
2. The petitioners are aggrieved by the Award dated ... provision under the
Arbitration Act or the Limitation Act and considering Section 19 of the MSME
Act, there is no occasion to hold that limitation
Micro, Small and Medium Enterprises
Development Act, 2006 " (MSME Act in short) to show as to how the
Appellant qualified to be treated ... small enterprise and that Section 8
of the MSME Act made it optional for the Corporate Debtor to submit
Memorandum as required by Section
Medium
Enterprises Development Act, 2006
(hereinafter referred to as " MSME Act "). The
petitioner, therefore, refuted the
contentions of JV on various grounds
including ... Medium
enterprise and, therefore, same cannot invoke
the provision of MSME Act .
2.3 It is stated that MSME Commissionerate issued
notice dated 10.04.2018 intimating
reserved for Micro and
Small Industries and reliance placed upon the MSME Act is
concerned, it is vehemently submitted by Shri Mehta, learned
counsel ... said to be hybrid works
contract for which, MSME Act shall not be applicable. It is
submitted that in clause 35 itself everybody
apprised the Petitioner that it is a
registered MSME enterprise and the provisions of MSME Development Act,
2006 are applicable to the Respondent. On 22nd ... jurisdiction of the MSME Council, under Section 18
of the MSME Act is concerned, there cannot be any doubt that in all the
decisions referred
predecessor statute to the MSME Act , (this Act was repealed by
virtue of Section 32 of the MSME Act), which is pari materia to Section ... that the provisions of the Arbitration Act were incorporated in
Section 6 of the predecessor Act of the MSME Act [as is the case with
said Act. He vehemently submitted
that the Interest on Delayed Payments Act was the predecessor
statute to the MSME Act and that the provision under ... adjudication of the disputes by the MSME Council was in absolute
disregard of the provisions of MSME Act read with the provisions of
the Act
being the laws of India and
the MSME Act being a Special Act, the Act would supersede the
general law and not withstanding any contrary ... against independent
arbitration agreements. The MSME provides in its non-obstante
provision that the provisions of the MSME Act would apply
notwithstanding any other
