Court : Delhi
..... contentions raised in the ?.?.petition, and the contents of the impugned report dated 1st september 2009 of ?.?.the tribunal constituted by the ministry of micro, small and medium enterprises give rise to disputed questions of fact which are not amenable to adjudication in a writ petition under article 226 of the constitution. reserving ..... the contentions raised in the petition, and the contents of the impugned report dated 1st september 2009 of the tribunal constituted by the ministry of micro, small and medium enterprises give rise to disputed questions of fact which are not amenable to adjudication in a writ petition under article 226 of the constitution. ..... petition reads as under: petition under article227of the constitution of india challenging the report dated19.2010 of the one man tribunal constituted by the ministry of micro small and medium enterprise vide notification no.s.o. 1399 (e) dated9h june2010 2. the reliefs which are claimed in this writ petition are as under:- on .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... anomaly committee will deal with anomalies pertaining exclusively to the department concerned. 2. in this case the anomaly exclusively pertains to m/o msme and therefore o/o development commissioner, micro, small and medium enterprises may take action accordingly. this department has recommended that the matter should be referred to departmental anomaly committee. 5.2 ministry of finance, department of expenditure advised as ..... on the gazetted post in the pay scale of rs.6500-10500/- as per the vth central pay commission (cpc). he joined the ministry of industries (department of small scale industry), which was subsequently re-designated as ministry of micro, small and medium enterprises (msme). the applicant is at present holding the post of assistant editor (hindi) and editor in msme development organization (erstwhile .....
Tag this Judgment!Court : Delhi
..... electricity supply utility of odisha v union of india. [w.p.(c) no.1213/2016 decided on 23rd march, 2016) and welspun corp. ltd. v the micro & small, medium enterprises facilitation council, punjab (2012) 166 plr195to urge that section 18 of the msmed act would have an overriding effect. he also placed reliance on the decision ..... bharat heavy electricals ltd. v. state of uttar pradesh (supra); principal chief engineer v. manibhai & brothers (supra); welspun corp. ltd. v. the micro & small, medium enterprises facilitation council, punjab (supra) support the case of the repm in relation to the applicability of the msmed act to the transactions in question.42. ..... the history of the transaction and enclosed a reconciliation statement as annexure-1.9. in the meanwhile, repm applied for registration as a supplier under the micro, small and medium enterprises development act, 2006 ( msmed act ). the said registration was granted on 4th april, 2012 but the date of commencement of the activity was .....
Tag this Judgment!Court : Delhi
..... and incorporate the terms and conditions as laid down in policy/order dated 23.03.2012 issued by respondent no.2 (development commissioner, micro, small & medium enterprises) with respect to micro & small enterprises. further mandamus is sought thereby directing the respondent no.1 to consider the bid of w.p.(c) no.2801/2016 page 1 ..... filed the present petition.6. it is contended that the procurement policy, 2012 issued by the development commissioner, micro, small & medium enterprises, w.p.(c) no.2801/2016 page 2 of 13 ministry of micro, small & medium enterprises does not stipulate levy of any pre condition of minimum annual turnover of rs. one crore for ayurvedic ..... be supplied in the next two years by the bidders.13. it is submitted that keeping in view the spirit of micro, small & medium enterprises development act, 2006, the annual turnover requirement of micro small enterprises has been fixed at rs. one crore while the annual turnover for pharmaceutical firms has been kept at rs. 5 .....
Tag this Judgment!Court : Delhi
..... council has jurisdiction to take up the dispute for arbitration & place of arbitration will be at kanpur. moreso, micro, small & medium enterprises development act, 2006 is special statute. the section 24 of the micro, small & medium enterprises development act has overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being ..... the submissions advanced before us yesterday and today. we are satisfied, that the interpretation placed by the high court on section 18 of the micro, small and medium enterprises development act, 2006, in the impugned order, with reference to arbitration proceeding is fully justified and in consonance with the provisions thereof. ..... sub section 1 ol section 7 of arbitration & conciliation act, 1996 define the arbitration agreement. the sub section 3 of the section 18 of micro, small and medium enterprises development act, 2006 contemplate substitution of arb.p. 402/2019 & o.m.p.(i) (comm.) 201/2019 page 6 of 24 .....
Tag this Judgment!Court : Delhi
..... council has jurisdiction to take up the dispute for arbitration & place of arbitration will be at kanpur. moreso, micro, small & medium enterprises development act, 2006 is special statute. the section 24 of the micro, small & medium enterprises development act has overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being ..... the submissions advanced before us yesterday and today. we are satisfied, that the interpretation placed by the high court on section 18 of the micro, small and medium enterprises development act, 2006, in the impugned order, with reference to arbitration proceeding is fully justified and in consonance with the provisions thereof. ..... sub section 1 ol section 7 of arbitration & conciliation act, 1996 define the arbitration agreement. the sub section 3 of the section 18 of micro, small and medium enterprises development act, 2006 contemplate substitution of arb.p. 402/2019 & o.m.p.(i) (comm.) 201/2019 page 6 of 24 .....
Tag this Judgment!Court : Delhi
..... taken up and heard 2. common and, together. the principal question involved in the present petitions is whether 3. msefc could - in terms of section 18 (3) of the micro, small and medium enterprises development act, 2006 (hereafter the act ) - refer the disputes for arbitration under the aegis of diac, considering that the disputing parties had also entered into an arbitration agreement. the ..... siddharth dutta, 6. learned counsel appearing for msefc countered the aforesaid submissions and relied on the decision of the punjab & haryana high court in welspun corp. ltd v. the micro and small, medium enterprises facilitation council, punjab and others : cwp no.23016/2011 decided on 13.12.2011, whereby the single judge of the punjab and haryana high court had taken a view .....
Tag this Judgment!Court : Delhi
..... supplied) in force, fao (os) (comm) 92/2019 page 19 of 21 23. undoubtedly, the msme act is a special legislation dealing with micro, small and medium enterprises and would have precedence over the general law. there are decisions of several courts holding that the provisions of msme act would override the provisions of ..... petition.13. to hold, otherwise, would infact run counter to the mandate of the msmed act. the msmed act being a special legislation dealing with;-the micro, small and medium enterprises, would certainly have precedence over the general law, that is the arbitration and conciliation act, 1996. (emphasis supplied) 5. before dealing with the ..... entering into any contracts with the appellant because of its failure to comply with the terms of contract. respondent, being governed by the provisions of the micro, small and medium enterprises development act, 2006 (hereinafter referred to as the msme act ) filed a petition under section 18 of the said act. taking cognizance thereof, .....
Tag this Judgment!Court : Delhi
..... ) in entertaining the application of the respondents is illegal lpa no.138/2016 page 3 of 11 without taking into consideration the relevant provisions of the micro, small & medium enterprises development act, 2006 (hereinafter referred to as msmed act ). the learned counsel for the appellant company vehemently urged that the arbitrator was not appointed ..... . against the supplies made and the payment due, the respondent no.2 submitted a reference to the respondent no.1/ micro and small enterprises facilitation council under section 18 of the micro, small & medium enterprises development act, lpa no.138/2016 page 4 of 11 2006 for adjudication of the dispute between the parties stating ..... /2015 which was disposed of vide order dated 13.03.2015 with a request to the learned arbitrator to rule upon the ground whether the micro and small enterprises facilitation council/ respondent no.1 had jurisdiction to make a reference to the delhi international arbitrator centre. the sole arbitrator of the diac .....
Tag this Judgment!Court : Delhi
..... , by the said order, msef council terminated the conciliation proceedings and referred the matter under section 18(3) of the micro, small and w.p.(c) no.9670/2016 page 1 of 12 medium enterprises development act, 2006 (hereafter msmed act ) for arbitration under the aegis of delhi international arbitration centre.2. neyveli ..... the petitioner, m/s neyveli lignite corporation limited (hereafter neyveli ) has filed the present petition impugning an order dated 16.06.2016 passed by the micro and small enterprises facilitation council (hereafter msef council ). msef council concluded that the parties (neyveli and respondent no.1) were not interested in amicably resolving their disputes ..... rupees; (b) in the case of the enterprises engaged in providing or rendering of services, as (i) a micro enterprise, where the investment in equipment does not exceed ten lakh rupees; (ii) a small enterprise, where the investment in equipment is more than ten lakh rupees but does not exceed two crore rupees; .....
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