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Search Results Judgments > Act:MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT ACT, 2006 - Section 32 -

Jan 03 2013

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

  • Decided on : 03-Jan-2013

Court : Allahabad

... Act, 1996 (in short "1996 Act") shall apply as if it is an arbitration 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 The 1993 Act has been repealed by Section 32 of the Micro, Small and Medium Enterprises Development Act, 2006.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 ... 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 The 1993 Act has been repealed by Section 32 of the Micro, Small and Medium Enterprises Development Act, 2006.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 decree, award or any order made under the Act ... Act has been repealed by Section 32 of the Micro, Small and Medium Enterprises Development Act, 2006.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 decree, award or any order made under the Act by the Council shall not be entertained unless the applicant/appellant deposits 75% of the amount in terms of the decree/award. The provisions of Section 34 of the 1996 Act ... 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 ...

May 23 2008

Krishi Utpadan Mandi Samiti, Sikandra Rao through its Secretary Vs. U. ...

  • Decided on : 23-May-2008

Court : Allahabad

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

... Micro, Small and Medium Enterprise Development Act, 2006 (Act No. 27 of 2006) was passed, which repealed Act No. 32 of 1993, and provided that notwithstanding such repeal anything done of any action under the repealed act shall be deemed to have been done or taken under the corresponding provisions of the Act of 2006. The Facilitation Council exercises powers under Section 6(2) of the Act No. 32 of 1993, and corresponding Section 18(4) of Act ... 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 any action under the repealed act ... 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 any action under the repealed act shall be deemed to have been done or taken under the corresponding provisions of the Act of 2006. The Facilitation Council exercises powers under Section ...

Apr 24 2013

STERLITE TECHNOLOGIES LTD Vs. DHAR INDUSTRIES LTD

  • Decided on : 24-Apr-2013

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 ... 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 ... '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 ...

Feb 05 2008

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

  • Decided on : 05-Feb-2008

Court : Mumbai

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

... 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 submits that the proceedings under the Act of 2006 has been provided under Section 30(2). The provisions of Section 34 of the Arbitration and Conciliation Act, it is submitted being prior to the Act of 2006 ... .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 Act.Considering ... 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 submits that the proceedings under the Act of 2006 has been provided under Section 30(2). The provisions of Section ... 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 Act. The provisions of the New Act clearly shows that a deposit is required to be made before challenging the Award. The provisions of Section 7 of the Act ...

Sep 16 2008

A. Laxmipathi S/o Late Sri A. Venkateswara Rao and Vs. Andhra Pradesh ...

  • Decided on : 16-Sep-2008

Court : Andhra Pradesh

Reported in : AIR2009AP7; 2008(6)ALD329; 2008(6)ALT205

... Development Corporation Limited : AIR2008AP101 .4. The short point that arises for consideration is whether the action impugned is not sustainable. The Act is a legislation for establishment of State Financial Corporations. It regulates the sanction of loans to Small and Medium Scale Industries/Enterprises (SMEs). Before 1985 the Act contained two different procedures for recovery of loans advanced to SMEs. First procedure is contained in Section ... Financial Corporation v. Micro Cast Rubber & Allied Products (P) Limited : (1996)5SCC65 and Jagdamba Oil Mills v. Haryana Financial Corporation : [2002]1SCR621 ). The other procedure for recovery is contained in Sections 31 and 32 of the Act. When a SME fails to comply with loan agreement, without prejudice to the provisions of Section 29 of the Act, SFC ... is not sustainable. The Act is a legislation for establishment of State Financial Corporations. It regulates the sanction of loans to Small and Medium Scale Industries/Enterprises (SMEs). Before 1985 the Act contained two different procedures for recovery of loans advanced to SMEs. First procedure is contained in Section 29 of the Act, which enables SFC to ... respect of such applications is contained in Section 32 of the Act. Sub-section (9) thereof provides for an appeal to the High Court against order of District Judge passed under Section 32(7) of the Act. In 1985 the Act was amended. In addition to making amendments to various other provisions, Section 32G was added, which reads as ...

Jan 02 2013

STERLITE TECHNOLOGIES LTD. Vs. THE MICRO SMALL ENTERPRISESFACILITATION ...

  • Decided on : 02-Jan-2013

Court : Madhya Pradesh

... 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 ... 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' Form, is beyond the jurisdiction of the Court to examine in a proceedings under section 18 of 2006 Act read with section 34 of the 1996 Act, has to be ... 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 ... .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 :- ( ...

Nov 16 2012

M/S.JAISWAL PLASTIC TUBES LTD. AND ANOTHER Vs. STATE OF ORISSA AND O ...

  • Decided on : 16-Nov-2012

Court : Orissa

... Micro, Small and Medium Enterprises Development Act, 2006 provides for facilitating the promotion and development and enhancing the competitiveness of micro, small and medium enterprises and for matters connected therewith. Section 11 of the said Act provides for procurement preference policy. Section 30 of the Act empowers the State Government to make rules and pursuant to such the Government of Orissa in Industry Department came up with MSME Development ... of the challenge is to the correctness of the decision on merits after it has become final, there could be no question of invoking Art. 32 of the Constitution to claim reconsideration of the decision on the basis of its effect in accordance with law.17. Therefore, in view of ... ( for short, IPR, 2007 ) of Government of Orissa and Micro, Small and Medium Enterprise Development Policy, 2009 (in short, MSME Policy, 2009 ) for the purchase of EPM Rate Contract items i.e. ISI Mark UPVC casing Pipes, as per IS:12818. 92. The petitioners are Small Scale Industrial Units duly registered under the Director of Industries ... to support small scale industries and under the MSMED Act protection is also given to micro small and medium enterprises. The MSMED Act was enacted with an intention for facilitating the promotion, development and enhancing the competitiveness of MSM Enterprises. Section 11 of the MSMED Act is as follows: Procurement Preference Policy:- For facilitating promotion and development of Micro and Small enterprises, the ...

Nov 16 2012

M/S. GANAPATI PIPES AND PVT. LTD. AND ANOTHER Vs. STATE OF ORISSA AN ...

  • Decided on : 16-Nov-2012

Court : Orissa

... Micro, Small and Medium Enterprises Development Act, 2006 provides for facilitating the promotion and development and enhancing the competitiveness of micro, small and medium enterprises and for matters connected therewith. Section 11 of the said Act provides for procurement preference policy. Section 30 of the Act empowers the State Government to make rules and pursuant to such the Government of Orissa in Industry Department came up with MSME Development ... of the challenge is to the correctness of the decision on merits after it has become final, there could be no question of invoking Art. 32 of the Constitution to claim reconsideration of the decision on the basis of its effect in accordance with law.17. Therefore, in view of ... ( for short, IPR, 2007 ) of Government of Orissa and Micro, Small and Medium Enterprise Development Policy, 2009 (in short, MSME Policy, 2009 ) for the purchase of EPM Rate Contract items i.e. ISI Mark UPVC casing Pipes, as per IS:12818. 92. The petitioners are Small Scale Industrial Units duly registered under the Director of Industries ... to support small scale industries and under the MSMED Act protection is also given to micro small and medium enterprises. The MSMED Act was enacted with an intention for facilitating the promotion, development and enhancing the competitiveness of MSM Enterprises. Section 11 of the MSMED Act is as follows: Procurement Preference Policy:- For facilitating promotion and development of Micro and Small enterprises, the ...

Feb 01 2013

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

  • Decided on : 01-Feb-2013

Court : Mumbai

... filing arbitration application under section 34 of the Act. Some of the relevant facts for the purposes of deciding this appeal are as under:- 2. The disputes between the the parties were referred to the arbitration under the provisions of Micro Small and Medium Enterprises Development Act, 2006. By an award dated 12th October, 2011, the Micro and Small Enterprises Facilitation Council (for short ??Council ... The delivery of an arbitral award under Sub-section (5) of Section 31 is not a matter of mere formality. It is a matter of substance. It is only after the stage under Section 31 has passed that the stage of termination of arbitral proceedings within the meaning of Section 32 of the Act arises. The delivery of arbitral award ... 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 under section 19 from entertaining the petition under section 34 for non deposit of 75% but there is no bar from filing an application under section 34 of the Act. ... filed. 4. The appellant filed an application under section 34 before the learned District Judge on 9th 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 ...

May 16 2014

SACHALABALA SETHY AND ORS. Vs. CHIEF SECRETARY AND CHIEF DEVELOPMENT ...

  • Decided on : 16-May-2014

Court : Orissa

... -C of Section-73 of Orissa Land Reforms Act, 1960 from payment of premium, leviable under provisions of clause-C of Section 8(A) of the OLR Act, 1960 on production of eligibility certificate from the Director of Industries, Orissa for Large Industries and Medium enterprises and G.M./PM, DIC for Micro, Small Enterprises as follows. Micro & Small Sector 100% up to 5 Acres Medium Sector 75% ... of land. All these people who will be losing land would be getting permanent jobs in the company as per the Rehabilitation & Resettlement Police, 2006 of Government of Orissa. Under this policy, the Rehabilitation & Periphery Development Advisory Committee will be constituted which shall look into all local needs of the villagers including roads, communication, health, education etc. During my inquiry ... 78/193 Doli Behera Recorded tenant Khata No.17 27. Usha Das 15042/2009 9326/2009 30882/2011 Khanduali 8/08 Filed 30. Suresh Patra Khanduali 8/08 Filed 32. Jaladhar Dehuri Ramesh Behera 15988/2011 15042/2009 9326/2009 27845/2011 No Case No.SonAshok Das present Present 15042/2009 9326/2009 Rahangola 9/08 Filed Present ... Act. The State have also referred to its Industrial Policy Resolution, 2007 and, in particular, Clause-10 thereof wherein infrastructure project . includes power plants. Since 71 setting up of a power plant . as declared by the State to be an infrastructure project . in terms of its Industrial Policy Resolution, 2007, Clause 9.3 the State enterprise, known as Industrial Development ...

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