agreement referred
to in sub-section (1) of Section 7 of the Arbitration Act.
13. Section 19 of the MSMED Act lays down as under ... reference to the Council under Section 18 of the MSMED Act.
28. The Gujarat High Court held that Section 19 of the MSMED
Act would
Judge
along with the said application under Section 34 in terms of Section 19
of the said MSMED Act .
5.
On 5th March ... reliance on section 24 of the
said MSMED Act and would submit that the provisions of sections 15 to
23 including section 19 shall have
award passed by the Council under Section 18 of
MSMED Act. Section 18(1) of MSMED Act deals with Reference to
Micro and Small Enterprises ... procedure to be followed under Section 18 when such reference is
made for settling the dispute.
Section 19 of MSMED Act deals with application
Section 18 of MSMED Act
provides for reference to Micro and Small Enterprises Facilitation
Council established under section 20 of the Act. Section 19 ... attractive but has no substance. The
wording used in Section 19 are very clear. Section 19 of the
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prescribed only under Section
34 of the Act and no such limitation has been prescribed under Section
19 of the MSMED Act. Therefore, the limitation ... under Section 34 of the Act.
30. It was contended on the side of the petitioner that since
Section 19 of the MSMED Act does
amount awarded, while Section 34 of
the Act of 1996 does not have such provision;
c. Moreover, Section 19 of the MSMED Act sets ... statutory provisions of MSMED Act, 2006 cannot
countenanced. As such, sub-section (1) of Section 18 of the
MSMED Act, 2006 is an enabling provision
prescribed only under Section
34 of the Act and no such limitation has been prescribed under Section
19 of the MSMED Act. Therefore, the limitation ... under Section 34 of the Act.
30. It was contended on the side of the petitioner that since
Section 19 of the MSMED Act does
making the pre-deposit amount as per the
provisions of Section 19 of the MSMED Act by depositing
75% of the determined amount as stated ... having made the statutory pre-deposit amount as stipulated under Section 19 of
the MSMED Act by depositing 75% of the determined amount under
deposit of 75% of the awarded
amount in terms of Section 19 of the MSMED Act, 2006. The said
application having been declined vide impugned ... regard to Section 19 of the 2006 Act. It may not be out of place to mention
that the provisions of Section 19
were filed not only under
Section 34 of the Arbitration Act but also under Section 19 of the MSMED
Act and therefore, the objections could ... objections are being filed under Section 34 of the Arbitration Act read with
Section 19 of the MSMED Act.
11. The law with regard
