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 : Delhi
..... , ( the act ) seeking extension of time for completion of the arbitral proceedings and passing of award.4. disputes and differences having arisen between the parties, the facilitation council under the micro, small and medium enterprises o.m.p.(misc.)(comm.) 400/2019 page 1 of 2 development act, 2006 referred the matter to delhi international arbitration centre ( diac ) for adjudication of the disputes .....
Tag this Judgment!Court : Delhi
..... state of andhra pradesh registered under the andhra pradesh societies act, 2001 bearing registration no.250 of 2018. the... petitioner association consists of around 60 msmes (micro, small & medium enterprises) who are engaged in the business of supply and installation of solar pumps and rooftop solar equipment.4. respondent no.2 issued an open tender bearing ..... consortiums is that 1,75,000 solar pumps are to be provided and the potential users are persons belonging to the humbler strata of the society, including small farmers; and the aim, objective and purpose of incorporating such a clause is to ensure that there is accountability and to discourage bidders who simply assemble ..... issues beyond our domain. as laid down in the judgments cited above the courts should not use a magnifying glass while scanning the tenders and make every small mistake appear like a big blunder. in fact, the courts must give fair play in the joints to the government and public sector undertakings in matters of .....
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
..... services is a division of petitioner no.2 namely apm infrastructure pvt. ltd. which is duly registered under the o.m.p.(i) (comm) 204/2019 page 1 of 22 micro, small and medium enterprises development act, 2006. respondent no.1 namely celebi delhi cargo terminal management india pvt. ltd. has been awarded tender by the delhi international airport pvt. ltd. (dial) for .....
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!Court : Delhi
..... p.(c) 2273/2018, vide order dated 25th september, 2018. thus, despite an arbitration clause in the agreement between the parties to the litigation, if the micro, small and medium enterprises development act, 2006 is applicable to them, the mesf council, has the power, jurisdiction and authority under section 18(3) to either take up the ..... with section 24 of the act, 2006. lpa422019 page 2 of 6 7. for ready reference, section 18(3), 18(4) and section 24 of the micro, small and medium enterprises development act, 2006 read as under : 18(3). where the conciliation initiated under sub-section (2) is not successful and stands terminated without any settlement ..... all efforts to facilitate conciliation between the parties to this litigation, but conciliation could not be arrived at and hence as per section 18(3) of the micro, small and medium enterprises development act, 2006, the council has referred the dispute for arbitration.3. being aggrieved by the aforesaid order, dated 1st may, 2017, of the .....
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
..... factors ltd. v. vasudev rao & anr. (supra) on the facts. factoring services concept 13. in the 1980s, internationally, it was noticed, that small and medium scale businesses which used to supply goods and services to bigger enterprises were facing several difficulties due to belated recovery or non- recovery of dues from their ..... small scale industries in order to effectively trace the problem of liquidity for micro or small industries. it was in this background that the central government introduced a bill titled the regulation of factor (assignment ..... act, 2011 (hereinafter, fra, 2011 ) is a legislation, which has been introduced to regulate a factoring facility availed of by a small scale or an ancillary industrial undertaking. the legislation was enacted in the background of various reports, which recommended the development of factoring services for .....
Tag this Judgment!