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of the Act of 2006 reads as under:.Notwithstanding such repeal, anything done or any action taken under the Act so repealed under Sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of this Act.Considering ...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

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 ...

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 ...

Dec 20 2013

SNEHAMANJARI JENA Vs. STATE OF ODISHA REP.THROUGH THE COMMNR-CUM-SEC ...

  • Decided on : 20-Dec-2013

Court : Orissa

... and this has been made illegally without any basis, having lost sight of the fact that the very purpose/objective of Micro, Small and Medium Enterprises Development 4 Act, 2006 (for short, MSMED Act .) would be defeated and at the same time all the binding firms like that of the present petitioners would perish ... Act protection is also given to Micro Small and Medium Enterprises. Otherwise, the very purpose of framing of Industrial Policy Resolutions as well as enactment of the MSMED Act would be frustrated. The MSMED Act was enacted with an intention to provide for facilitating promotion, development and enhancing the competitiveness among MSM Enterprises. Section 11 of the MSMED Act reads thus: Procurement Preference Policy:For facilitating promotion and development of Micro and Small Enterprises ... petition filed before it under Art.226. There can be little doubt that the jurisdiction of this Court to entertain applications under Art. 32 which are original canNo.be confused or mistaken or used for the appellate jurisdiction of this Court which alone can be invoked ... small scale industries and under the MSMED Act protection is also given to Micro Small and Medium Enterprises. Otherwise, the very purpose of framing of Industrial Policy Resolutions as well as enactment of the MSMED Act would be frustrated. The MSMED Act was enacted with an intention to provide for facilitating promotion, development and enhancing the competitiveness among MSM Enterprises. Section 11 of the MSMED Act ...

Dec 20 2013

THE ODISHA PRINTERS & BINDERS MAHASANGHA, BBSR, RE Vs. STATE OF ODIS ...

  • Decided on : 20-Dec-2013

Court : Orissa

... and this has been made illegally without any basis, having lost sight of the fact that the very purpose/objective of Micro, Small and Medium Enterprises Development 4 Act, 2006 (for short, MSMED Act .) would be defeated and at the same time all the binding firms like that of the present petitioners would perish ... Act protection is also given to Micro Small and Medium Enterprises. Otherwise, the very purpose of framing of Industrial Policy Resolutions as well as enactment of the MSMED Act would be frustrated. The MSMED Act was enacted with an intention to provide for facilitating promotion, development and enhancing the competitiveness among MSM Enterprises. Section 11 of the MSMED Act reads thus: Procurement Preference Policy:For facilitating promotion and development of Micro and Small Enterprises ... petition filed before it under Art.226. There can be little doubt that the jurisdiction of this Court to entertain applications under Art. 32 which are original canNo.be confused or mistaken or used for the appellate jurisdiction of this Court which alone can be invoked ... small scale industries and under the MSMED Act protection is also given to Micro Small and Medium Enterprises. Otherwise, the very purpose of framing of Industrial Policy Resolutions as well as enactment of the MSMED Act would be frustrated. The MSMED Act was enacted with an intention to provide for facilitating promotion, development and enhancing the competitiveness among MSM Enterprises. Section 11 of the MSMED Act ...

Dec 20 2013

M/S.MOHAPATRA BINDER, REP.BY ITS PROP.SIBANANDA MO Vs. STATE OF ODIS ...

  • Decided on : 20-Dec-2013

Court : Orissa

... and this has been made illegally without any basis, having lost sight of the fact that the very purpose/objective of Micro, Small and Medium Enterprises Development 4 Act, 2006 (for short, MSMED Act .) would be defeated and at the same time all the binding firms like that of the present petitioners would perish ... Act protection is also given to Micro Small and Medium Enterprises. Otherwise, the very purpose of framing of Industrial Policy Resolutions as well as enactment of the MSMED Act would be frustrated. The MSMED Act was enacted with an intention to provide for facilitating promotion, development and enhancing the competitiveness among MSM Enterprises. Section 11 of the MSMED Act reads thus: Procurement Preference Policy:For facilitating promotion and development of Micro and Small Enterprises ... petition filed before it under Art.226. There can be little doubt that the jurisdiction of this Court to entertain applications under Art. 32 which are original canNo.be confused or mistaken or used for the appellate jurisdiction of this Court which alone can be invoked ... small scale industries and under the MSMED Act protection is also given to Micro Small and Medium Enterprises. Otherwise, the very purpose of framing of Industrial Policy Resolutions as well as enactment of the MSMED Act would be frustrated. The MSMED Act was enacted with an intention to provide for facilitating promotion, development and enhancing the competitiveness among MSM Enterprises. Section 11 of the MSMED Act ...

Dec 20 2013

MEGHANADA SAMAL, M/S.SONALI BINDING WORKS REP.BY I Vs. STATE OF ODIS ...

  • Decided on : 20-Dec-2013

Court : Orissa

... and this has been made illegally without any basis, having lost sight of the fact that the very purpose/objective of Micro, Small and Medium Enterprises Development 4 Act, 2006 (for short, MSMED Act .) would be defeated and at the same time all the binding firms like that of the present petitioners would perish ... Act protection is also given to Micro Small and Medium Enterprises. Otherwise, the very purpose of framing of Industrial Policy Resolutions as well as enactment of the MSMED Act would be frustrated. The MSMED Act was enacted with an intention to provide for facilitating promotion, development and enhancing the competitiveness among MSM Enterprises. Section 11 of the MSMED Act reads thus: Procurement Preference Policy:For facilitating promotion and development of Micro and Small Enterprises ... petition filed before it under Art.226. There can be little doubt that the jurisdiction of this Court to entertain applications under Art. 32 which are original canNo.be confused or mistaken or used for the appellate jurisdiction of this Court which alone can be invoked ... small scale industries and under the MSMED Act protection is also given to Micro Small and Medium Enterprises. Otherwise, the very purpose of framing of Industrial Policy Resolutions as well as enactment of the MSMED Act would be frustrated. The MSMED Act was enacted with an intention to provide for facilitating promotion, development and enhancing the competitiveness among MSM Enterprises. Section 11 of the MSMED Act ...

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 ...

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 ...

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