7006/2020 ORDER
is registered as an MSME under the provisions of the MSME Act,
2006 . The petitioner submitted to the jurisdiction of the tribunal ... under Section 17 make a reference to the MSME
council. Even Section 24 of the MSME Act provides that the
provisions
occasion to consider the applicability
of the Acts i.e. the Arbitration and Conciliation
Act and the MSME Act and after considering
several decisions ... under Section 17 make a
reference to the MSME council. Even
Section 24 of the MSME Act provides that
the provisions
provisions of the Micro, Small and
Medium Enterprises Development Act, 2006 (MSME Act ).
2. The procedure under the MSME Act has already been initiated ... Act is made/to be made to
arbitration, the arbitration has to be in accordance with the Arbitration
and Conciliation Act, 1996 (Arbitration Act
MSME Act is a special Act which permit the conciliator to act
as an Arbitrator since the provisions of the Arbitration and Conciliation Act ... Arbitration Act bars
the Conciliator to act as Arbitrator in the same matter. Section 81 of the Act bars
relying on any evidence and suggestions
MSME Act is a special Act which permit the conciliator to act
as an Arbitrator since the provisions of the Arbitration and Conciliation Act ... Arbitration Act bars
the Conciliator to act as Arbitrator in the same matter. Section 81 of the Act bars
relying on any evidence and suggestions
MSMED Act , being a special act, will prevail over the Arbitration and Conciliation Act, 1996 , (in short Arbitration Act ) which is a general act ... Act will have overriding effect. The MSMED Act , being a special enactment, has an overriding effect over the Arbitration Act , which is a general Act
Limitation Act have been held to be applicable in a
proceeding arising under section 34 of the Arbitration and
Conciliation Act and writ remedy under ... principal will apply on Institutional Arbitration including the Facilitation
Council under MSME Act . The Facilitation Council has all powers to
decide the disputes referred
petitioner submits that the award has been passed
under MSME Act, 2006 , without allowing the
petitioner to contest the arbitral proceedings.
Since the award ... Act could not be
utilized in the Arbitration Proceeding, conducted
under MSME Act, 2006 .
2
Mr. Avirup Mondal, learned advocate appearing for
the opposite party
procedure as per
Civil Court. Under Section 17 of the MSME Act 2016, if any
amount is due, then, such amount can be recovered
conciliation proceedings and referred the
case under Section 18(3) of MSMED Act to Delhi International
OMP (Comm.) No. 56/2020 Smt. Usha Goel ... invoices and as per section 15 & 16 of MSME Act, 2006 to be
compounded on monthly rest.
It is further prayed that the award
