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Jan 03 2013 (HC)

U.P. Rajya Karmchari Kalyan Nigam Vs. District Judge, Kanpur Nagar and ...

Court : Allahabad

..... decree, award or any order made under the act by the council shall not be entertained unless the applicant/appellant deposits 75 ..... pursuant to an arbitration agreement under the 1996 act. section 7 of the 1993 act provides for the mandatory deposit of 75% of amount awarded as a condition precedent for appealing against the award. the 1993 act has been repealed by section 32 of the micro, small and medium enterprises development act, 2006. the said act vide section 19 provides that an application for setting aside a ..... % of the amount in terms of the decree/award. the provisions of section 34 of the 1996 act ..... it appears that the respondent no.2 made a claim against the petitioner which was referred under section 6(2) of the interest on delayed payments to small scale and ancillary industrial undertaking act, 1993 (in short "1993 act") to the industry facilitation council for the purposes of arbitration. pursuant to the reference an award was .....

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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

..... of the respondents, learned counsel has alternatively submitted 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. in reply on behalf of the appellants, their learned counsel ..... itself or by an institution or centre providing for alternate dispute resolution services to which a reference is made by the council.section 32(2) of the act of 2006 reads as under:.notwithstanding such repeal, anything done or any action taken under the act so repealed under sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of this ..... appeal to be filed was in the normal hierarchy of courts considering the decree that was passed.under the arbitration and conciliation act, 1996, the arbitral proceeding stands terminated amongst others on the final award being passed by virtue of section 32. section 34 provides that the reference to court against the arbitral award may be made only by an application for setting aside .....

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May 23 2008 (HC)

Krishi Utpadan Mandi Samiti, Sikandra Rao Through Its Secretary Vs. U. ...

Court : Allahabad

Reported in : AIR2009All14; 2008(4)ARBLR432(All); 2008(4)AWC3807

..... were in pursuance to an arbitration agreement referred to in sub-section (1) of section 7 of that act. the respondent firm made a reference to the facilitation council under section 6(2) of the act. dining the pendency of the reference before the council, micro, small and medium enterprise development act, 2006 (act no. 27 of 2006) was passed, which repealed act no. 32 of 1993, and provided that notwithstanding such repeal anything done of ..... provisions of the act of 2006. the facilitation council exercises powers under section 6(2) of the act no. 32 of 1993, and corresponding ..... any action under the repealed act shall be deemed to have been done or taken under the corresponding .....

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Apr 24 2013 (HC)

Sterlite Technologies Ltd Vs. Dhar Industries Ltd

Court : Madhya Pradesh

..... /2011 filed by the petitioner was directed against the order dated 31.7.2010 passed by the council on an application under section 17 of the micro small and medium enterprises development act, 2006 act (referred to as act of 2006) preferred by the respondent for claim of rs.36,32,508/ along with rs.26,15,605/ towards interest.2. the claim by respondent was for recovery in lieu of the ..... hkkj vk;k gs a vr% izfroknh nkok jkf'k ds nsunkj gs a vr% **e/;izns'k lw{e vksj y?.kq m|e qsflfyvs'ku dkmafly fu;e 2006** ds fu;e pkj ds varxzr dkmafly dks iznrr 'kfdr;ksa dk iz;ksx djrs gq,]. dkmafly fu.kz; nsrh gs fd izfroknh m/s sterlite technologies ltd (formerly m ..... /s sterlite optical technologies ltd.) survey no. 209, piparia industrial estate, silvassa 396230 (ut of d&nh) }kjk ewy/ku jkf'k :0 36].32].508@& :0 nrrhl yk[k crrhl gtkj 3 ikap lks vkb dsoy ,oa bl ij oknh }kjk fnukad 31-03-09 rd dh laxf.kr c;kt jkf'k :0 ..... 26-16-405@& :0 ncchl yk[k lksyg gtkj pkj lks ikap dsoy rfkk hkqxrku fnukad rd dk c;kt vfkok 02 vdvwcj 2006 ds iwoz lvsv csad vkwq bf.m;k ds ih,yvkj dk ms

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Jan 02 2013 (HC)

Sterlite Technologies Ltd. Vs. the Micro Small Enterprisesfacilitation ...

Court : Madhya Pradesh

..... appeal preferred subject to compliance of the provisions of section 19 of the micro small and medium enterprises development act, 2006. it appears that an appeal under section 19 of the micro small and medium enterprises development act, 2006 (hereinafter referred to as 'act' for short) read with section 34 of the arbitration and conciliation act, 1996 was filed, which is w.p.no.21923/2012 sterlite technologies ltd the micro small enterprises facilitation council & others pending before the additional district ..... w.p.no.21923/2012 sterlite technologies ltd the micro small enterprises facilitation council & others others : (1999) 4 scc 396).in view whereof since the petitioner has already availed the statutory remedy, he would be at liberty to raise all such grounds in appeal preferred subject to compliance of the provisions of section 19 of 2006 act. with these observations petition is finally disposed of ..... w.p.no.21923/2012 sterlite technologies ltd the micro small enterprises facilitation council & others 2.1.2013 shri brian de' silva, learned senior advocate with shri sajid akhtar, counsel for petitioner. the petitioner has sought following reliefs in this petition :- ..... that the issue raised against the order dated 31-07-2010 passed by council that it is beyond its jurisdiction to have saddled the petitioner with award of rs.36,32,508/- and interest thereon of rs.26,12,405/- in respect of the taxes and penalty with which the respondent was saddled with for late furnishing of 'c' .....

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May 19 2010 (HC)

The Orissa Printers and Binders MahasanghA. Vs. State of Orissa and or ...

Court : Orissa

..... school & mass education department to composite both printing and binding operations and go for national tender mechanism.7. we may refer to section 11 of the micro, small and medium enterprises development act, 2006, which reads thus :"11. procurement preference policy-for facilitating promotion and development of micro and small enterprises, the central government or the state government may, by order notify from time to time, preference policies in respect of procurement ..... contemplates of marketing support to micro and small enterprises in government procurement in consonance with the micro, small and medium enterprises development act, 2006 and the corresponding rules.4. the sum and substance of the argument of mr.kanungo, learned counsel for the petitioner, is that the resolution under ..... and binding of text books will take away the bread of thousands of workers and the same is also in violation of the statutory provision, as contained in the micro, small and medium enterprises development act, 2006 as well as the industrial policy resolution 2007.our attention was drawn to the contents of the writ petition wherein it is averred that the orissa industrial policy resolution 2007 .....

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Dec 01 2009 (HC)

K.S.R.T.C. Vs. Union of India (Uoi)

Court : Kerala

Reported in : 2010(1)KLT65

..... are filed by the kerala state road transport corporation, which is a statutory corporation, formed under the road transport corporations act. these writ petitions are filed by it, mainly challenging section 19 of the micro, small and medium enterprises development act, 2006 (act no. 27/2006), (herein after referred to as 'the act').w.p.(c) no. 10950/20092. this writ petition is treated as the main case for the purpose of ..... central government concerning the above matters. chap. iv of the act deals with the measures for promotion, development and enhancement of competitiveness of micro, small and medium enterprises. it deals with the measures for promotion and development, credit facilities, procurement preference policy etc. chap. v, with which we are presently concerned, deals with delayed payments to micro and small enterprises. section 15 says that a buyer shall make payment to the ..... petitioner.8. before dealing with the rival submissions on the validity of section 19, we would briefly refer to the scheme of the act. it is an act to provide for facilitating promotion and development and for enhancing the competitiveness of micro, small and medium enterprises and for matters connected therewith or incidental thereto. section 3 of the act provides for the establishment of a national board, consisting of high .....

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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

..... of industries. 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 industries upto ..... under rule 35(8) of the said rules and also exemption from payment of octroi under section 124(6) of the bombay village panchayats act.9. after the matter was remanded to the state government, it was heard by the ministry for rural development on various dates. the written submissions were submitted by the petitioners and on 10/09/2001, ..... made to the world bank and the international finance corporation and other financial institutions for funding the project. petitioners obtained the necessary approval and permission under section 44 of the electricity (supply) act, 1944 from the maharashtra electricity board. the application was made to the government of maharashtra which granted necessary permission by its letter dated 30/12/1988 ..... was not a new company and, therefore, not eligible for exemption under rule 35(8) of the said rules. he further held that in respect of exemption under section 124(6), the divisional commissioner would decide the said question after the application was made by the petitioners.10. petitioners again challenged the aforesaid order vide writ petition no. .....

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Jan 05 2010 (SC)

Snehadeep Structures Private Limited Vs. Maharashtra Small Scale Indus ...

Court : Supreme Court of India

Reported in : JT2010(1)SC70; 2010(1)SCALE108; (2010)3SCC34; 2010(2)LC688(SC)

..... present case as the reference to arbitration was not in terms of section 19 of the act of 2006. at the time when the challenge of pre deposit under section 7 of the interest act was heard by the learned single judge ..... of the high court, the act of 2006 was ..... be preferred against that order under section 37. the provisions of section 7 may apply to such an appeal. under section 34, the court hearing the challenge has no power to issue alternative decisions binding on the forum below.10. the high court further held that section 19 of the micro small and medium enterprises development act, 2006 (in short the act of 2006') cannot be made applicable to the ..... filed from a decree or order, under which the entire matrix of facts and law could be re-agitated. section 34(2) of the arbitration act enumerates the limited grounds of challenge under section 34 and such a challenge is not an 'appeal'.32. on a perusal of the plethora of decisions aforementioned, we are of the view that 'appeal' is .....

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Sep 13 2012 (HC)

The Karnataka Power Transmission Corporation Limited and Another Vs. U ...

Court : Karnataka

..... arose with respect to the - payment of the amount due to the applicants. hence, in the circumstances, an application was filed by the applicants under section 18 of the micro, small and medium enterprises development act, 2006 (micro act). on consideration of the material, awards have been passed for various sums in the three applications. the said award for recovery of amount was put to ..... this common order. 2. the parties will be referred to with reference to their ranking before the facilitation council. 3. three applications were filed under section 18 of the micro, small and medium enterprises development act, 2006 (for short micro act). respondent no.2 therein i.e., the karnataka power transmission corporation limited (for short hereinafter referred to as kptcl) had invited tenders for supply ..... hand, it is to be noticed that at no point of time the applicants had invoked the provisions of the arbitration act. it is an application, which is made under section 18 of the micro, small and medium enterprises development act, 2006 which would necessarily mean that the entire enquiry or the dispute is required to be resolved having regard to the provisions of ..... averments are made by the petitioners to substantiate that as to how the retention of this condition is onerous or violative of article 14 of the constitution of india. 32. the apex court in the case of vijay prakash d.mehta and jawahar d.mehta versus collector of customs (preventive), bombay reported in air 1988 sc 2010, .....

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