Medium Enterprises Development Act, 2006 (hereinafter
to be referred as " MSME Act ").
2. Learned Senior Advocate for the petitioner
submitted that the petitioner ... MSME and the nature of work
under the agreement will attract requirements of
definition of "supplier". Hence, MSME Act was correctly
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applicability of the Micro, Small and Medium Enterprises
Development Act, 2006 (MSME Act, 2006 ), Mr. Goswami submits that,
contrary to the arguments advanced ... MSME Act, 2006 ). A reading of Section 11 B of the IDR Act as well as
Section 8 of the MSME Act, 2006 would
Arbitration and Conciliation Act,
1996 read with Section 19 of MSME Act, had preferred the
Arb.O.P.(Comm.Division) No.10 of 2025 before ... provision of the MSME Act , which is a
special Act and have overriding effect on the Arbitration and Conciliation Act,
1996 . However, the Facilitation Council
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
MSME enterprise at the time of entering into the contract
between the parties does not come within the purview of the MSME Act .
6
Learned ... MSME
Facilitation Council does not have inherent jurisdiction to make a reference to
7
arbitration under the provisions of the MSME Act and therefore
Court has observed that the MSME
Act will prevail over the 1996 Act as the object of MSME Act is to ensure
timely and smooth ... present case, wrote to MSME
Council on 16.05.2024 seeking reference to mediation under the MSME Act
as per the provisions of Section
newly enacted The Mediation Act, 2023(for short, "the 2023 Act"),the
MSME Act has been amended in the manner specified ... MSME Act. Thus,
as opposed to Section 29A (3) of the 1996 Act, Section 18 (5) of the
MSME Act does not carry any sanction
Section 80 of the
Arbitration Act, the Respondent No.1-Council, having acted as the
conciliator, cannot now act as an Arbitrator. In this regard ... MSME Act , the Council can act as the conciliator, and if
that conciliation fails, the Council can also act as an Arbitrator. In the light
Development Commissioner,
(MSME), Government of India dated 04.01.2023, to urge that the
‘works contract’ is not covered under MSME Act . Hence, he pleads
that ... said Act has not been notified in full.
22. The reading of the arbitration and conciliation act 1996 and
the MSME Act, 2006 leads this
MSME Act prevailing over the 1996 Act, in the
absence of any inconsistency between Section 9 of the 1996 Act and
the MSME Act ... Act and is justified in approaching the
MSME Facilitation Council under the provisions of the MSME Act ,
there being no embargo to do so, since
