Skip to content


Judgment Search Results Home > Cases Phrase: micro small and medium enterprises development act 2006 section 17 recovery of amount due Sorted by: old Court: mumbai Page 1 of about 28 results (0.127 seconds)

Apr 04 2013 (HC)

M/S. Hindustan Wires Limited Vs. R. Suresh, Sole Arbitrator, Dy. Gener ...

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!

Feb 05 2008 (HC)

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

Court : Mumbai

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

..... submitted that if the provisions of section 7 are 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 7 of the ..... that as the provisions of section 7 are ambiguous, since under the arbitration act, there is no provision for 'appeal', then the provisions of the micro small and medium enterprises development act, 2006 which in section 19 uses the word 'application' can be looked into to construe section 7 of the act of 1993. ..... judge held in favour of the respondents. the learned counsel for the respondents has also sought to bring to our attention various judgments including the judgments in assam small scale industries dev. corporation v. medical association and ors. : air2006sc131 . according to learned counsel, the supreme court in respect of a similar legislation and .....

Tag this Judgment!

Apr 21 2008 (HC)

The Tata Power Company Limited (Formerly Known as Tata Electric Compan ...

Court : Mumbai

Reported in : 2008(3)ALLMR692; 2008(6)BomCR152; (2008)110BOMLR1500; 2008(6)MhLj635

..... . it is submitted that no other industry was registered with the directorate of industries upto 01.10.2006. thereafter, the registration procedure has been done away with by the micro small and medium enterprises development act, 2006 came into force with effect from 02/10/2006.it is stated in the said affidavit that no other industry was registered with the directorate of ..... commissioner (industries). under the regulatory functions, officers of the directorate of industries at various levels broadly discharge following functions:i) registration of small scale units;(ii) recommendation for i.i./d.g.t.d. registration in case of medium and large scaleindustries;(iii) allotment of plots in midc area;(iv) approval of schemes and allotment of plots in cooperative industrial estates;(v .....

Tag this Judgment!

Feb 01 2013 (HC)

E-square Leisure Pvt. Ltd. Vs. K.K. Dani Consultants and Engineers Pvt ...

Court : Mumbai

..... april, 2012 with application for condonation of delay which was resisted by the respondent on various grounds including a ground that under section 19 of the micro small and medium enterprises development act, 2006, application under section 34 could not be entertained by any court unless the appellant had deposited 75% of the amount in ..... filing application under section 34. 9. the learned counsel appearing on behalf of the respondent on the other hand placed reliance upon section 19 of the micro small and medium enterprises development act, 2006 which reads thus:- 19. no application for setting aside any decree, award or other order made either by the council itself ..... . in so far as the next submission of the learned counsel of respondent that in view of non deposit of 75% under section 19 of the micro small and medium enterprises development act, 2006 by the appellant admittedly, the learned district judge could not have entertained the petition is concerned, in my view, there is bar .....

Tag this Judgment!

Jun 17 2013 (HC)

M/S Faridabad Metal Udyog Pvt. Ltd. and Others Vs. Anurag Deepak, Sole ...

Court : Mumbai

..... .1 herein stood terminated under section 14 of the arbitration act 1996, and the petitioner is entitled to approach the micro and small scale enterprises facilitation council constituted under the provisions of the micro, small medium enterprises development act, 2006 (for short hereinafter referred as msme act) and the said council is entitled in law to ..... adjudicate the disputes between the parties. 3. relevant facts in arbp no.1193 of 2012: (a) the petitioner is a small scale industry registered under the ..... to the supplier having filed the memorandum and is registered under section 8 of the said act. admittedly these first four petitioners were registered as micro small enterprises much after the dispute had arisen between the parties. in my view, the said provisions would not apply with retrospective effect to the past .....

Tag this Judgment!

Jul 11 2014 (HC)

Ashoo Surendranath Tewari and Another Vs. The Deputy Superintendent of ...

Court : Mumbai

..... a corporation established by the central government of india by an act of 1989 of parliament. sidbi is the financial institution established by the government for promotion and development of micro, small and medium enterprises. it is an authority empowered to frame different rules for achieving the objects of the institution. 3. the petitioner in writ petition no.3024 of 2012 is working .....

Tag this Judgment!

Jan 05 2015 (HC)

Bharat Sanchar Nigam Ltd. Vs. Media Marketing Services (MMS)

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!

Mar 31 2015 (HC)

Bharat Sanchar Nigam Ltd. Vs. The Maharashtra Micro and Small Scale En ...

Court : Mumbai

..... central public sector enterprise providing telecom services in india, except mumbai and delhi. respondent no. 1 the maharashtra micro and small scale enterprises facilitation council and additional commissioner (revenue), is a statutory functionary established under the micro, small medium enterprises development act, 2006 ( the council ) . the respondent no. 2 m/ s. people infocom ..... , which has been specially enacted for the purposes providing a forum for conciliation which itself is capable of settling a dispute between the micro, small and medium enterprises and any other party. we find that the arbitration agreement in question, like most arbitration agreements, does not contain a specific ..... the circumstances all the disputes need to be referred and settled by referring them to arbitration in accordance with the provisions of the micro, small and medium enterprises development act, 2006. 3.13 on 21st october 2013, pursuant to the arbitration clause contained in the said agreements, the .....

Tag this Judgment!

Jul 20 2016 (HC)

M/s. Ravindranath GE Medicate Associate Private Limited Vs. M/s. Clean ...

Court : Mumbai

..... of rs.21,17,361/- against the appellant herein. the appellant herein filed an application before the said council appointed under the provisions of the micro, small and medium enterprises development act, 2006 (for short the said msmed act ) challenging its jurisdiction and also raised various objections regarding the claims of the respondent ..... maintainable. he also placed reliance on section 18(4) of the said msmed act and would submit that the central government has constituted the micro and small enterprises facilitation council for the purpose of providing an alternate dispute resolution services who would have acted as an arbitrator or conciliator in a dispute ..... in view of section 18(3) thereof. there is no separate provision for limitation in filing an application for challenging the award rendered by the micro and small enterprises facilitation council under the provisions of the said msmed act, 2006. reliance thus placed by the learned counsel for the respondent under section 23 .....

Tag this Judgment!

Nov 15 2016 (HC)

Maharashtra State Electricity Distribution Company Limited and Others ...

Court : Mumbai

..... over section 80 of the arbitration and conciliation act, 1996, does not arise in the present case. the cases of welspun corp. ltd. vs. the micro and small, medium enterprises facilitation council, punjab and others. (cpw no.23016 of 2011 (oandm) and connected cases, decided on 13.12.2011), and m/s eden ..... 1. this arbitration petition challenges an award passed by the micro and small enterprises facilitation council, konkan division, thane under section 18(3) of micro, small and medium enterprises development act, 2006 ( small enterprises act ). by consent, the petition is admitted and taken up for final hearing forthwith. 2. the short facts of the case ..... of the arbitral tribunal/council cannot be sustained. 16. the arbitration petition is, accordingly, allowed and the impugned award dated 31 january 2015 passed by the micro and small enterprises facilitation council, konkan division, thane, is set aside. 17. in view of the disposal of the arbitration petition, the notices of motion do not .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //