Court : Delhi
..... by the delayed clearance of the invoices, the respondent/d.h. invoked the conciliation proceedings postulated under the micro, small and medium enterprises development act, 2006 (hereinafter referred to as msmed act ). since the conciliation proceedings did not succeed, the powers vested in the micro and small enterprises facilitation council (in short council ) were invoked under section 18 (3) of the msmed act and the ..... has referred to a judgment dated 06.08.2018 rendered by the division bench of the bombay high court wpc (c) 5459/2015 entitled gujarat state petronet ltd. v. micro and small enterprises facilitation council wherein it has been observed that despite a separate arbitration agreement governing the parties, the council had the jurisdiction to entertain a reference under the a&c .....
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..... 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, 1996.14. i may also note that the petitioner has ..... konkan region, thane, maharashtra o.m.p.(comm.) no.144/2019 page 1 (hereinafter referred to as the msme council ) under the provisions of the micro, small and medium enterprises development act, 2006 (hereinafter referred to as the msmed act ).2. at the outset, it was put to the learned senior counsel for the petitioner ..... in sub-section (1) of section 7 of that act. (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 .....
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..... with four agreements each entered into between lineage and bharti on the one hand and pace and bharti on the other hand, or in accordance with the provisions of the micro, small and medium enterprises development act, 2006 (msme act).2. the procedure under the msme act has already been initiated by pace and lineage, and bharti has already invoked arbitration in accordance ..... of proceedings have been stayed.4. the senior counsel for pace and lineage and counsels for bharti were heard at length yesterday, and during the hearing it transpired: (i) that micro and small enterprises facilitation council ( hereinafter referred to as council ) constituted under the msme act cs(comm) nos.792/2017, 920/2018 & 1158/2018 page 2 of 6 has already reported .....
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..... with four agreements each entered into between lineage and bharti on the one hand and pace and bharti on the other hand, or in accordance with the provisions of the micro, small and medium enterprises development act, 2006 (msme act).2. the procedure under the msme act has already been initiated by pace and lineage, and bharti has already invoked arbitration in accordance ..... of proceedings have been stayed.4. the senior counsel for pace and lineage and counsels for bharti were heard at length yesterday, and during the hearing it transpired: (i) that micro and small enterprises facilitation council ( hereinafter referred to as council ) constituted under the msme act cs(comm) nos.792/2017, 920/2018 & 1158/2018 page 2 of 6 has already reported .....
Tag this Judgment!Court : Delhi
..... with four agreements each entered into between lineage and bharti on the one hand and pace and bharti on the other hand, or in accordance with the provisions of the micro, small and medium enterprises development act, 2006 (msme act).2. the procedure under the msme act has already been initiated by pace and lineage, and bharti has already invoked arbitration in accordance ..... of proceedings have been stayed.4. the senior counsel for pace and lineage and counsels for bharti were heard at length yesterday, and during the hearing it transpired: (i) that micro and small enterprises facilitation council ( hereinafter referred to as council ) constituted under the msme act cs(comm) nos.792/2017, 920/2018 & 1158/2018 page 2 of 6 has already reported .....
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..... four weeks.14. by a communication dated 03.12.2015, the respondent rejected the petitioner s claim for interest on delayed payment of the subsidy on the ground that the micro, small and medium enterprises development act, 2006 (hereafter the msmed act ) was inapplicable and, therefore, no interest could be paid under the said act.15. aggrieved by the communication dated 03.12 ..... the said case. factual background 3. the petitioner is a company incorporated under the companies act, 1956. the petitioner is engaged in the business of manufacturing ssp and owns a small scale unit located at dheerkhera, meerut, uttar pradesh.4. on 17.06.1994, the government of india had introduced the revised scheme for providing concession/subsidy to ssp manufacturers with .....
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..... the said certificate was not issued with free consent. 3.5 on 09.07.2014, respondent no.2 filed an application under section 18 of the micro, small and medium enterprises development act, 2006 (hereafter the msmed act ), before the council raising certain claims in respect of the aforementioned loa. notices were issued by the ..... contending that suez environment and degremont (a french company) had purchased shares of respondent no.2 and, therefore, respondent no.2 was no longer a small or medium enterprise since it was a part of a multinational corporation. it was submitted that suez environment and degremont is a 15 billion business group.14. this ..... vibhu bakhru, j the petitioner has filed the present petition, inter alia, 1. impugning an order dated 16.06.2016 passed by respondent no.1 (the micro and small enterprises facilitation council hereafter the council ), whereby the petitioner and respondent no.2 (driplex water engineering ltd.) were referred to arbitration under the aegis of the .....
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..... 20% of the target of annual procurement from mses in stipulated manner is to be earmarked. it is contended that given the right of micro medium and small enterprises (mmse) like the petitioner, under section 11 of the micro, small and medium enterprises development act, 2006 (hereinafter referred to as the act ) as well as the industrial policies framed under it, the tendency of most public ..... untenable in law. learned counsel refers to the letter of 18.12.2017 of the department of industrial policy and promotion, ministry of commerce & industry, highlighting that the grievance of micro medium small enterprises with respect to selective interpretation of the msme policies (which the petitioner claims to have entitlement under), need to be addressed and that directions had to be issued to .....
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..... contract will be in the jurisdiction of delhi courts. 3. disputes having arisen between the parties, the respondent approached the haryana micro and small enterprises facilitation council under the micro, small and medium enterprises development act, 2006(hereinafter referred to as the msmed act ).4. the facilitation council started conciliation proceedings under section 18(2 ..... of the counsel for the petitioner on the judgment of the bombay high court in m/s steel authority of india ltd. & anr. vs. micro, small enterprise facilitation council air2012bom 178 is ill-founded. the bombay high court in the said judgment was answering a submission made before it that where there ..... of the arbitration and conciliation act, 1996 (hereinafter referred to as the act ) seeking a declaration that the arbitrator appointed by the haryana micro and small enterprises facilitation council vide letter dated 16.08.2017 is de jure unable to perform his functions and for appointment of the arbitral tribunal in .....
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..... 75% of the principal amount but is contesting direction to deposit 75% of the interest amount. the contention raised is that the issue whether the micro, small and medium enterprises development act, 2006 would be applicable is a subject matter of the objections filed under section 34 of the arbitration and conciliation act, 1996. ..... left the issue open.4. learned counsel for the respondent has, however, disputed the last contention and submitted the issue with regard to applicability of the micro, small and medium enterprises development act, 2006, was specifically adjudicated in the letters patent appeal and slp was dismissed.5. be that as it may, we would not ..... interest amount in terms of the award can be treated as a harsh and burdensome. the appellant de-hors the applicability of section 19 of the micro, small and medium enterprises development act, 2006, does not deserve any indulgence and leniency. the appellant would accordingly deposit the said amount in terms of the order passed .....
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