amount and the interest as provided under Section 16 of
the MSMED Act. Section 17 of the MSMED Act also makes it
amply clear that ... accrue to claim interest in terms
of Section 15 and 16 , invocation of Section 18 by the MSMED
FAO(OS) (COMM) 23/2022 Page
amount due under section
17.
15. A common thread which runs through sections 15 to
17 of the MSMED Act is that goods must ... under sub-section (1) of
section 8 of the MSMED Act and accordingly has employed
the expression "supplier" in sections 15
agreement" in sub-section (1) of Section
18 , which otherwise finds mention in Section 16 of the MSMED Act, 2006
implies that the arbitration ... Section 18 .
The provisions of Sections 15 to 23 have also overriding effect as
contemplated in Section 24 of the MSMED Act, 2006 when anything
agreement" in sub-section (1) of Section
18 , which otherwise finds mention in Section 16 of the MSMED Act, 2006
implies that the arbitration ... Section 18 .
The provisions of Sections 15 to 23 have also overriding effect as
contemplated in Section 24 of the MSMED Act, 2006 when anything
which is cumbersome and time consuming. When
Section 15 r/w Sections 17 and 18 of MSMED Act, enables supplier to make
a reference ... registered under Section 8(1) of MSMED Act, the conjunction “or”
employed in Section 15 of MSMED Act shall be read as “and” in order
which is cumbersome and time consuming. When
Section 15 r/w Sections 17 and 18 of MSMED Act, enables supplier to make
a reference ... registered under Section 8(1) of MSMED Act, the conjunction “or”
employed in Section 15 of MSMED Act shall be read as “and” in order
with interest thereon as
provided under section 16 ."
29. A plain reading of Section 15 of the MSMED Act makes it
mandatory ... Conciliation
or the adjudicatory process under Section 18 of the MSMED Act. The
plain language of Sections 15 , 16 and 17 of the MSMED
against the spirit of Section
15 , due to award passed by the Ld. Arbitrator was expressly barred by
Section 15 . It is further argued that ... dispute under Section 18 , which is
strongly opposed by Ld. Counsel for petitioner. However, Section 15 to 18
of MSMED Act r/w Section
view of the specific mandate under Section 24 of the MSMED Act
2006, the provisions of Sections 15 to 23 would have an effect
notwithstanding ... section (1) and sub-section (4) of Section 18 .
18
(2005) 1 SCC 754
36
The provisions of Sections 15 to 23 have also overriding
MSMED Act. It is submitted that non-
obstante clause in the MSMED Act , i.e. Section 24 provides
that provisions under Sections 15 ... debts / creditors. Therefore,
considering the provisions of Sections 15 to 23 read with
Section 24 of the MSMED Act and the provisions of the
SARFAESI
