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

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of the Act of 2006 reads as under:.Notwithstanding such repeal, anything done or any action taken under the Act so repealed under Sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of this Act.Considering ...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 13 2012

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

  • Decided on : 13-Sep-2012

Court : Karnataka

... the 2nd respondent, were not under Section 34 of the Arbitration Act. Hence, the question of the award being un-executable in the circumstances does not arise. What governs the present proceedings is the Micro, Small and Medium Enterprises Development Act, 2006 and not the Arbitration Act. 24. This takes us to the vires of Section 19 of the Act. Mr.Naganand, learned Senior counsel appearing ... 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, ... Micro, Small and Medium Enterprises Development Act, 2006 and not the Arbitration Act. 24. This takes us to the vires of Section 19 of the Act. Mr.Naganand, learned Senior counsel appearing for the respondent submits that having regard to the decision rendered by the Apex Court in Mardia Chemical's case, the appeal or the remedy should not be illusory. He submitted that the condition imposed under Section ... 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 ...

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 ...

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 :- ( ...

Apr 04 2013

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

  • Decided on : 04-Apr-2013

Court : Mumbai

... section 14 of the Arbitration and Conciliation Act, 1996 (for short 'Arbitration Act 1996), the petitioner seeks declaration that the mandate of the learned Arbitrator, respondent no.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 ... Supreme Court Judgment in NBCC Ltd. (Supra) whereby while dealing with the provisions of Sections 14, 15, 21, 32 of the Arbitration Act, 1996, declared the law in the following terms by referring, relying and ... section 80. The Act, 2006 itself contains provisions, which are at once consistent with the Act, 1996. It must be remembered 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 ... section 80 itself. In my view this is not a correct reading of section 80. The Act, 2006 itself contains provisions, which are at once consistent with the Act, 1996. It must be remembered 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 ...

Jul 29 2013

UNION OF INDIA Vs. DELHI PAPER PRODUCTS CO. PVT. LTD. & ANR.

  • Decided on : 29-Jul-2013

Court : Delhi

... Section 34 of the Arbitration and Conciliation Act is liable to be dismissed as barred by limitation and therefore, the petitioners contentions on merits cannot be looked into. However, considering the high rate of interest awarded by the learned Arbitrator under Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 and Micro Small and Medium Enterprises Development Act, 2006 ... Section 34 of the Arbitration and Conciliation Act 1. The petitioner awarded a contract dated 27th June, 2000 to the respondent followed by a supply order dated 2 nd March, 2001 for supply of tele-printer paper rolls in pursuance to which the respondent claims to have made supplies totalling Rs.14,32 ... Small Scale and Ancillary Industrial Undertakings Act, 1993. The learned counsel also referred to JMC Projects India Ltd. v. Mechtech Engineers, MANU/GJ/0642/2011, Union of India v. Ekta Telecommunications System, MANU/JH/0356/2013, in which the award of interest under Micro Small and Medium Enterprises Development Act, 2006 has been upheld. It is submitted that under Section 31(7) of the Arbitration and Conciliation Act ... 16.6.1. The respondent is a small scale industry. The learned Arbitrator has awarded compound interest under Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 from 7th June, 2002 to 15th June, 2006 under Micro Small and Medium Enterprises Development Act, 2006 from 10th June, 2006 to 31st November, 2012. The learned ...

Jan 05 2010

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

  • Decided on : 05-Jan-2010

Court : Supreme Court of India

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

... Section 19 of the Micro Small and Medium Enterprises Development Act, 2006 (in short the Act of 2006') cannot be made applicable to the 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 ... 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 ... under Section 34, an appeal can 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 ... 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 present case as the reference to arbitration was not in terms of Section 19 of the Act of 2006 ...

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 ...

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