In our view, the decision of the Calcutta Supreme Court appears to be weak because it did not take into account the regulated legal principles. There is no doubt that the MSME Act is a strange act, but a bank of three judges of the Supreme Court has decided that the A-C Act is also a special law because it consolidates the right of arbitration. It is interesting to note that there is a conflicting opinion of the Supreme Court on the status of the A-C Act itself, where previously a Bench division has held that the A-C Act is a general law. Beyond the debate at this time, the MSME Act on the A-C Act would be in force in both cases, since it is a special law that came into force later than the A-C Act. … Private Limited.15. However, the Chhattisgarh High Court decision does not deal with Section 19 of the MSMED Act. It deals only with the MSMED Act, the arbitration between arbitrators… the Arbitration and Conciliation Act of 1996 (hereafter referred to as the “A-C Act” of simplicity), referring to an arbitration award of 05.08.2016 of Micro – Small Enterprises Facilitation… The precedent is set out in Section 19 of the Micro, Small – Medium Enterprises Development Act, 2006 (`MSMED Act` for brevity)3.
We think that is appropriate,… In Mangalore Refinery – Petrochemicals Ltd v. Micro and Small Enterprises Facilitation Council 10, the Delhi Supreme Court was based on Bharat Heavy Electricals Limited v. The Centre for Micro and Small Business Relief ends as follows: “. With respect to the Board`s jurisdiction to refer disputes to arbitration proceedings that are not covered by the arbitration agreement, the same thing is no longer res integra. The Court has decided, in a number of decisions, that the reference to section 18 of the MSME Act is a legal reference and discourages any arbitration agreement between the parties. Second, the Court also held that, since the parties had entered into an independent arbitration agreement, the Board could not proceed with the arbitration itself. What can be learned from this observation is that if a contract has an independent arbitration provision, that provision prevails over the arbitration procedure in Section 18, unless they are inconsistent. …
MSMED Act does not apply at all. In addition, given the arbitration clause between the parties, the CF cannot proceed with the matter.20. at… MSMED Law. According to Dr. George, it was never questioned, even from this point of view of the petitioner, that the first PO of September 8, 2009, which was in the trial of the execution did not include a …. Dr. George also referred to Section 24 of the msmed Act, which highlights its overriding impact. According to him, there was nothing inconsistent in the MSMED act with another law. On the other hand, there was… The question of the validity of an arbitration agreement in the case of a party invoking the MSME Act was raised before the Bombay High Court in M/s Steel Authority of India Ltd/Micro, Small Enterprise Facilitation Council (AIR 2012 Bom 178).
First, it is important to note that several regulations in India contain provisions requiring legal reference. The Supreme Court, in Registrar Co-operative Society v. Krishnan Kumar Singhania, has considered a conflict between legal arbitration under the West Bengal Cooperative Societies Act and the Arbitration Act.