Court : Supreme Court of India
..... government may, from time to time, for the purposes of facilitating the promotion and development and enhancing the competitiveness of micro, small and medium enterprises, particularly of the micro and small enterprises, by way of development of skill in the employees, management and entrepreneurs, provisioning for technological upgradation, marketing ..... government, perform all or any of the following functions, namely: (a) examine the factors affecting the promotion and development of micro, small and medium enterprises and review the policies and programmes of the central government in regard to facilitating the promotion and development and enhancing the competitiveness ..... court, namely : (i) whether the provisions of indian limitation act, 1963 is applicable to arbitration proceedings initiated under section 18(3) of micro, small and medium enterprises development act, 2006 ?.; and (ii) whether, counter claim is maintainable in such arbitration proceedings ?.14. before we deal with the .....
Tag this Judgment!Court : Karnataka
..... follows: . . .25. with regard to the first issue, namely, applicability of limitation act, 1963 to the arbitration proceedings initiated under the provisions of micro, small and medium enterprises development act, 2006, we need to notice certain relevant sections of the act. as per section 15 of the said act, where supplier supplies any ..... notwithstanding anything inconsistent therewith contained in any other law for the time being in force.42. even in case of closure of business of micro, small and medium enterprises section 25 of the msme act requires the central government to notify a scheme to facilitate such closure within one year from the date ..... online ts439416 28. before adverting to the order passed by the learned single judge, it would be apposite to briefly dilate on the msme act.29. the micro, small and medium enterprises development act, 2006 (already referred to as, the msme act ) has been enacted by the parliament to provide for facilitating the promotion, development and .....
Tag this Judgment!Court : Karnataka
..... follows: . . .25. with regard to the first issue, namely, applicability of limitation act, 1963 to the arbitration proceedings initiated under the provisions of micro, small and medium enterprises development act, 2006, we need to notice certain relevant sections of the act. as per section 15 of the said act, where supplier supplies any ..... notwithstanding anything inconsistent therewith contained in any other law for the time being in force.42. even in case of closure of business of micro, small and medium enterprises section 25 of the msme act requires the central government to notify a scheme to facilitate such closure within one year from the date ..... online ts439416 28. before adverting to the order passed by the learned single judge, it would be apposite to briefly dilate on the msme act.29. the micro, small and medium enterprises development act, 2006 (already referred to as, the msme act ) has been enacted by the parliament to provide for facilitating the promotion, development and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2009All155
..... has only jurisdiction to hear and adjudicate the matter regarding payments to the supplies which were made to the buyer as per section 17 of the micro, small and medium enterprises development act 2006 and not to decide all the dispute between the parties and also stated that no debit notes ever raised by the respondent and ..... respondent?the respondent has claimed rs. 61,90,000/- by way of counter claim and has also given the particulars & details of the above amount. micro, small and medium enterprises development act 2006 empowers the council to consider and decide the references made under section 18 of act, 27/2006 which is evident from chapter v ..... sum of rs. 61,90,000/-. matter was heard and before orders could be passed, act, 1993 was repealed and substituted by the provisions of act, 2006 (micro, small and medium enterprises development act, 2006). despite the enforcement of the act, 2006, the council constituted under act, 1993 proceeded to make an award in the matter dated 19th .....
Tag this Judgment!Court : Kolkata
..... when there exists an arbitration agreement between two parties, and one of such parties to the arbitration agreement is an entity within the meaning of micro, small and medium enterprises development act, 2006, does the council established under the provisions of the act of 2006 have jurisdiction to arbitrate the disputes between such parties ..... arbitration. learned advocate for the petitioners submits that, the claim of the third respondent had arisen much prior to the coming into effect of the micro, small and medium enterprises development act, 2006. moreover, the third respondent was not registered under the act of 2006 within the time stipulated therein. he further submits ..... court rendered in arbitration petition no.56 of 2013 (m/s.hindustan wires limited v. mr.r.suresh & anr.) and submits that, the micro, small and medium enterprises development act, 2006 does not negate an existing arbitration agreement between the parties. the council was wrong in issuing the writing dated march 17, .....
Tag this Judgment!Court : Karnataka
..... under the provisions of section 9 of the said repealed act by approaching the karnataka industry facilitation council. the said act was repealed from 2nd october, 2006 and substituted by micro, small and medium enterprises development act, 2006 (for short hereinafter referred to as the msmedact). 3. in the said proceedings, the petitioner was called upon to file its written statement, which was ..... maintainable, whether a case for interference of the impugned order is made out? point no.(1) 10. the parliament enacted the micro, small and medium enterprises development act, 2006 for facilitating the promotion and development and enhancing the competitiveness of micro, small and medium enterprises and for matters connected therewith or incidental thereto which came into force from 2.10.2006. it repealed the interest on .....
Tag this Judgment!Court : Karnataka
..... under the provisions of section 9 of the said repealed act by approaching the karnataka industry facilitation council. the said act was repealed from 2nd october, 2006 and substituted by micro, small and medium enterprises development act, 2006 (for short hereinafter referred to as the `msmed act).3. in the said proceedings, the petitioner was called upon to file its written statement, which ..... maintainable, whether a case for interference of the impugned order is made out?. point no.(1) 10. the parliament enacted the micro, small and medium enterprises development act, 2006 for facilitating the promotion and development and enhancing the competitiveness of micro, small and medium enterprises and for matters connected therewith or incidental thereto which came into force from 2.10.2006. it repealed the interest on .....
Tag this Judgment!Court : Punjab and Haryana
..... that the act, 2006 is also an act of parliament and it is a special enactment meant for a particular class of persons only namely the micro, small and medium enterprises and for facilitating the promotion, development and enhancing their inter se competitiveness. the act insofar as it contains a specific provision for conciliation and ..... 3rd respondent-seller did not respond to the notice and instead sought the council itself to act as an arbitrator by invoking section 18(3) of the micro, small and medium enterprises development act, 2006 (for short, 'the act, 2006'). 2. the council rejected the plea of the petitioner that the agreement provided for a ..... 1) of section 7 of that act. (emphasis supplied) (4) notwithstanding anything contained in any other law for the time being in force, the micro and small enterprises facilitation council or the centre providing alternate dispute resolution services shall have jurisdiction to act as an arbitrator or conciliator under this section in a dispute .....
Tag this Judgment!Court : Supreme Court of India
..... of enacting msmed act, 2006 was to facilitate the promotion and development, and enhance the competitiveness of micro, small and medium enterprises. the act also aimed to ensure timely and smooth flow of credit to the micro, small and medium enterprises, and to minimize the incidence of sickness. one of the main objects of the act was ..... industry specified in the first schedule to the industries (development and regulation) act, 1951 (65 of 1951), shall file the memorandum of micro, small or, as the case may be, of medium enterprise with such authority as may be specified by the state government under sub-section (4) or the central government under sub-section ..... the act states that the said act has been enacted to provide for facilitating the promotion and development, and enhancing the competitiveness of micro, small and medium enterprises and for matters connected therewith or incidental thereto. the act has been divided into six chapters, and chapter-v pertains to the delayed payments .....
Tag this Judgment!Court : Mumbai
..... that the act, 2006 is also an act of parliament and it is a special enactment meant for a particular class of persons only namely the micro, small and medium enterprises and for facilitating the promotion, development and enhancing their inter se competitiveness. the act insofar as it contains a specific provision for conciliation and ..... . mehta placed reliance upon the judgment of punjab and hariyana high court decided on 13.12.2011 in the case of welspun corporation ltd. vs. micro, small and medium enterprise facilitation council, punjab in cwp 23016 of 2011, and particularly para-5 and 9 which read thus: 5 learned counsel would contend that the ..... 1 herein stood terminated under section 14 of the arbitration act 1996, and the petitioner is entitled to approach the micro and small scale scale enterprises facilitation council constituted under the provisions of the micro, small and medium enterprises development act, 2006 (for short 'the act of 2006) and the said council is entitled in law .....
Tag this Judgment!