award under the provisions of
MSMED Act and therefore, the provisions of MSMED Act , more
particularly, Section 18 & 19 of the MSMED Act shall ... Section 18 of MSMED Act
provides for reference to Micro and Small Enterprises Facilitation
Council established under section 20 of the Act. Section 19
section 19 of the
MSMED Act.
14. To put the arguments in context under the MSMED Act and The
Arbitration and Conciliation Act ... section 24 of the
MSMED Act.
20. Section 24 contains a non-obstante clause and declares that sections
15-23 of the MSMED Act shall
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 ... that the MSMED Act was enacted in
place of the Interest Act and by Section 32 , the MSMED Act replead
the Interest Act . Thus
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 ... concerned, reliance
placed on section 24 of the MSMED Act, 2006 is misplaced. Section
18(3) of the MSMED Act, 2006 clearly indicates that once
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 ... followed under Section 18 when such reference is
made for settling the dispute.
Section 19 of MSMED Act deals with application for setting
aside decree
Award by filing Objections under Section 34 of the
Arbitration and Conciliation Act read with Section 19 of the
MSMED Act, 2006, before this Court ... MSMED Act. Alongwith the aforesaid application, the
.
appellant also filed OMP No. 448/2019 under Section 36 (3) of
the said Act and Section
Section 19 of the MSMED Act' 2006, the interplay between the
MSMED Act ' 2006 and the Arbitration Act ' 1996 would come ... MSMED Act' 2006, would have to deal with the
challenge within the purview of Section 34 of the Arbitration
Act, 1996. The MSMED Act
statutory remedy available under Section 34 of the Arbitration
and Conciliation Act, 1996, read with Section 19 of the MSMED Act
of 2006, which requires ... 1040/2024
passed under Section 18 read with Section 19 of the MSMED Act,
2006, to a Larger Bench. However, the reference is still pending
prescribed under Section
19 of the MSMED Act. Therefore, the limitation prescribed under the
Act cannot be imported into the MSMED Act .
(iii) The deposit ... Act namely the Arbitration and Conciliation
Act, 1996 is a general Enactment. The MSMED Act will override the
provisions of the Act.
32. Section 19
prescribed under Section
19 of the MSMED Act. Therefore, the limitation prescribed under the
Act cannot be imported into the MSMED Act .
(iii) The deposit ... Act namely the Arbitration and Conciliation
Act, 1996 is a general Enactment. The MSMED Act will override the
provisions of the Act.
32. Section 19
