Court : Andhra Pradesh
..... for such an overriding effect to the provisions contained in sections 15 to 23 of the act, the parliament intended to protect the interests of micro, small and medium enterprises and promote the competitiveness of theirs.so that they can stay afloat with other industries. but these provisions, in my opinion, cannot be ..... the entrepreneurs.chapter iv of this act provided for various measures for promotion, development and enhancement of competitiveness of micro, small and medium enterprises. chapter v dealt with the delayed payments to micro and small enterprises. section 15 of the act has thrust that where any supplier supplies any goods, or renders any services ..... government, in exercise of the power available under section 20 read with section 21 of the micro, small and medium enterprises development act, 2006 (henceforth referred to as the act).the parliament has noticed that small-scale industry is facing lots of difficulties to stay put in the competitive industrial environment and for .....
Tag this Judgment!Court : Jharkhand
..... .p.pandey (joint sec.) sd/ (dept. of law, jharkhand) smt. vandana dadel director of industries cum chairman jmsmefc) jharkhand micro small and medium enterprises facilitatoin council (established u/s 20 of micro small and medium enterprises development act 2006) 3rd floor, nepal house, doranda, ranchi 834002, jharkhand case no. jhsefc 03/2011 m/s. c. ..... which the claimant is entitled to realize the amount through process of law. sd/ (smt. vandana dadel) director of industries cum chairman jharkhand micro, small and medium enterprises facilitation council jharkhand, ranchi memo no. 1384 / ranchi, dated 26/04/2012 7/u.ni./aou.su.puri. 01/2010 copy to ..... . 6464 of 2012 m/s. bharat coking coal limited, dhanbad ..... petitioner versus 1. the state of jharkhand 2. director of industries cum chairman, jharkhand micro, small and medium enterprises facilitation council, doranda, ranchi 3. m/s. c. k. industries, a proprietorship firm, dhanbad ........respondents coram: hon ble mr. justice aparesh kumar .....
Tag this Judgment!Court : Mumbai
..... learned arbitrator has rightly awarded the claim for compensation, the learned arbitrator could not have awarded interest at the compound rate under section 16 of the micro, small and medium enterprises development act, 2006 on the claim for damages awarded. claim awarded was not for any services alleged to have been rendered by the respondents ..... under section 15 of the said micro, small and medium enterprises development act, 2006. it is lastly submitted that the learned arbitrator has awarded interest on interest in the impugned award and that also at the ..... the petitioners. the award of interest is liable to be set aside on that ground also being contrary to sections 15 and 16 of the said micro, small and medium enterprises development act, 2006 and is accordingly set aside. 27. a perusal of the award also indicates that the learned arbitrator has awarded 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 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 : 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 : Kolkata
..... s.34 of the arbitration 3and conciliation act, 1996, are also entitled to question it before the high court under art.226. it is evident from the provisions of the micro, small and medium enterprises development act, 2006 that the council could make the award only under sub-s.(3) of s.18 thereof; and there is no reason to say that the ..... , 2011 (at p.64) made by the west bengal state micro and; small enterprises facilitation council under s.18 of the micro, small and medium enterprises development act, 2006. one asansol steel castings (p) ltd. (the sixth respondent) is a small enterprise within the meaning of the expression defined by s.2(m) of the micro, small and medium enterprises development act, 2006, -- an act to provide for facilitating .....
Tag this Judgment!Court : Kerala
..... this the 29th day of january, 2014 judgment the petitioner who is a proprietor of an industrial unit and has filed applications before the second respondent under the micro, small and medium enterprises development act, 2006 claiming money from the third respondent corporation, has filed this writ petition for an order directing the second respondent to dispose of the said ..... 2012, 10 of 2012, 11 of 2012, 12 of 2012 and 13 of 2012 are pending. the petitioner has averred that section 18(5) of the micro, small and medium enterprises development act, 2006 stipulates that every reference made under the act shall be decided within a period of ninety days from the date of making such a reference ..... 8 of 2012, 9 of 2012, 10 of 2012, 11 of 2012, 12 of 2012 and 13 of 2012 filed under section 18(5) of the micro, small and medium enterprises development act, 2006 expeditiously and in event within an outer limit of three months from the date on which the petitioner produces a certified copy of this .....
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; .....
Tag this Judgment!