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May 19 2009

B.H.P. Engineers Pvt. Ltd. Vs. Director, Industries, U.P. (Facilitatio ...

Court : Allahabad

Decided on : May-19-2009

Subject : Civil

Reported in : AIR2009All155

respondents.2. Petitioner before this Court is a private small scale industrial unit covered under the provisions of the Micro, Small, and Medium Enterprises Development Act, 2006 (hereinafter referred to as the 'Act, 2006'). Petitioner is engaged in manufacturers of, engineering equipments and is stated … dispute as if the, arbitration was in pursuance of an arbitration agreement referred to in sub-section (1) of Section 7 of that Act.(4) Notwithstanding anything contained in any other law for the time being in force, the Micro

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Jul 22 2015

Hotel Paraag Ltd. (HPL) Vs. State Bank of India (Industrial Finance) r ...

Court : Karnataka

Decided on : Jul-22-2015

Subject : Land Acquisition

as Non-Performing Asset ( ˜NPAfor short) on 31.03.2011. With a view to provide incentives to smaller enterprise, the Micro, Small and Medium Enterprises Development Act, 2006 (the MSMED Actfor short) has been enacted. In furtherance of such benefit, a master circular has been issued … Hence, the respondent-Bank has conveyed their inability to consider the request under SBI-OTS-MSME-2012. 7. The provision contained in Section 7 (1)(b)(i) to (iii) of the Act provides for classification of enterprises engaged in providing or rendering of services.

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Feb 05 2008

The Maharashtra Small Scale Industries Development Corporation Ltd. Vs ... Overruled

Court : Mumbai

Decided on : Feb-05-2008

Subject : Arbitration

Acts : Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 - Sections 2, 6(2), 7 and 7B; Arbitration and Conciliation Act, 1996 - Sections 11, 32, 34, 34(2), 37 and 37(1); Micro Small and Medium Enterprises Development Act, 2006 - Sections 11, 19 and 32(2); Arbitration Act, 1940 - Sections 17 and 39; Usurious Loans Act; Land Acquisition Act, 1894 - Sections 30; Code of Civil Procedure (CPC) - Sections 96, 100, 104, 109 and 110

Reported in : 2008(3)ALLMR802; 2008(2)ARBLR175(Bom); 2008(2)BomCR526; 2008(3)MhLj635

ambiguous since under the Arbitration Act, 1996 there is no provision for 'Appeal', then the provisions of the Micro Small and Medium Enterprises Development Act, 2006 (the New Act) which in Section 19 uses the word 'Application' can be looked into, to construe Section … maintainability of the petition on behalf of the Respondents. The preliminary objection was that considering the provisions of Section 7 of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (hereinafter referred to

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Jan 05 2010

Snehadeep Structures Private Limited Vs. Maharashtra Small Scale Indus ...

Court : Supreme Court of India

Decided on : Jan-05-2010

Subject : ArbitrationSICA

Acts : Interest on Delayed Payments to Small Scale and Ancillary Undertakings Act, 1993 - Sections 4, 6(1), 6(2), 7 and 19; Arbitration and Conciliation Act, 1996 - Sections 5, 11, 17, 31(7), 34, 34(2), 36, 37, 37(1), 37(2) and 37(3); Arbitration Act, 1940; Micro Small and Medium Enterprises Development Act, 2006 - Sections 19; Limitation Act, 1908 - Sections 5 - Schedule - Article 182 and 182(2); Industrial Tribunals (Appellate Tribunal) Act, 1950; Sick Industrial Companies (Special Provisions) Act, 1985; Defence of India Act, 1939 - Sections 19(1); Maharashtra Cooperative Societies Act; Interest on Delayed Payments to Small Scale and Ancillary Undertakings (Amendment) Act, 1998; Right to Information Act (RTI), 2005; Code of Civil Procedure (CPC) - Sections 4, 96, 109, 110 and 115; Crimin

Reported in : JT2010(1)SC70; 2010(1)SCALE108; (2010)3SCC34; 2010(2)LC688(SC)

issue alternative decisions binding on the forum below.10. The High Court further held that Section 19 of the Micro Small and Medium Enterprises Development Act, 2006 (in short the Act of 2006') cannot be made applicable to the present case as the reference to … question that arises for our consideration is with respect to the interpretation of the term 'appeal' appearing in Section 7 of the Interest on Delayed Payments to Small Scale and Ancillary Undertakings Act, 1993 (hereinafter referred to as

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Jan 10 2025

Nbcc (India) Ltd. versus the State of West Bengal & Ors

Court : Supreme Court of India

Decided on : Jan-10-2025

Subject : Land Acquisition

Reported in : [2025]1S.C.R.610; (2025) 3 SCC 440; 2025INSC 54; MANU/SC/0061/2025

an MSME cannot make a reference to the Facilitation Council for dispute resolution under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 if it is not registered under Section 8 of the 2006 Act before the execution of the contract … context otherwise requires, (a) “Advisory Committee” means the committee constituted by the Central Government under sub-section (2) of section 7. (b) … (c) “Board” means the National Board for Micro, Small and Medium Enterprises established under Section 3;

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Sep 14 2016

Ms Bharat Coking Coal Limited Through Sri Jai Prakash Gupta Vs. The St ...

Court : Jharkhand

Decided on : Sep-14-2016

Subject : Service Tax

Dadel Director of Industries cum Chairman­JMSMEFC) JHARKHAND MICRO SMALL AND MEDIUM ENTERPRISES FACILITATOIN COUNCIL (Established U/S 20 of Micro Small and Medium Enterprises Development Act­2006) 3rd Floor, Nepal House, Doranda, Ranchi­834002, Jharkhand Case no. JHSEFC­03/2011 M/s. C. K. Industries, Matkuria Road, Dhanbad … as if the arbitration was in pursuance of an arbitration agreement referred to in sub­ section (1) of Section 7 of the Act. 6. (4) Notwithstanding anything contained in any other law for the time being in force,

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Jul 17 2025

M/S Sonali Power Equipments Pvt. Ltd. versus Chairman, Maharashtra Sta ...

Court : Supreme Court of India

Decided on : Jul-17-2025

Reported in : [2025] 7 S.C.R. 1144

Sri Narasimha* and Joymalya Bagchi, JJ.]Issue for Consideration(i) Whether the Limitation Act applies to conciliation proceedingsu/s.18 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), and even if not, whether time-barred debts can be referred to conciliation; (ii) Whether the Limitation … the ACA to arbitrations under it as if the arbitration was in pursuance of an arbitration agreement under Section 7(1) of the ACA. Hence, the statutory fiction places arbitration under the MSMED Act on the same footing as

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Sep 13 2012

The Karnataka Power Transmission Corporation Limited and Another Vs. U ...

Court : Karnataka

Decided on : Sep-13-2012

Subject : Arbitration

reference to their ranking before the Facilitation Council. 3. Three applications were filed under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (for short ‘Micro Act’). Respondent No.2 therein i.e., the Karnataka Power Transmission Corporation Limited (for short hereinafter referred … the Arbitration Act shall then apply as if it was arbitration agreement referred to in Sub-Section (1) of Section 7 of the Arbitration Act. I am of the view that before reaching the stage of Sub-Section (3), the

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Jun 02 2016

Refex Energy Limited, by its Managing Director Vs. Union of India, by ...

Court : Chennai

Decided on : Jun-02-2016

Subject : Education

petition fails and is hereby dismissed, with the above direction. No costs. Consequently, the connected WMP is closed. Micro, Small and Medium Enterprises Development Act, 2006 Section 15, Section 16, Section 17, Section 18, Section 19, Section 20, Section 21, Section 22, Section 23, Section … the industries in the manufacturing or production sector, but also the industries engaged in the service providing sector. section 7 provides for classification of enterprises. First Schedule of the act provides for the types of industries covered under

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Apr 17 2017

Power Machines India Limited Vs. State of Mahdya Pradesh and Ors.

Court : Supreme Court of India

Decided on : Apr-17-2017

Subject : Arbitration

of Madhya Pradesh in exercise of the power conferred by section 30 read with section 21(3) of the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as “the Act of 2006”). Rule 5 provides for recovery of the amount for which … disputes as if the arbitration was in pursuance of an arbitration agreement referred to in sub-section (1) of Section 7 of that Act.” (4) Notwithstanding anything contained in any other law for the time being in force, the

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