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Bombay High Court Dismisses Section 34 Challenge to MSME Facilitation Council Awards Against National Textile Corporation. Awards Upheld as Facilitation Council Had Jurisdiction Under MSMED Act and Awards Not Patently Illegal.

The petitioner, National Textile Corporation Ltd., filed two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging awa...

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Bombay High Court Dismisses Writ Petitions Challenging MSME Facilitation Council Reference and Award — Held That Section 18 of MSMED Act, 2006 Does Not Require Prior Agreement for Reference and That Limitation Under Section 34 of Arbitration Act Applies to Setting Aside of Award.

The judgment involves three writ petitions filed by Morarjee Textiles Ltd., its Head of Finance, and its Executive Director and Chairperson, challengi...

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Bombay High Court considered writ petition challenging MSME Facilitation Council award and constitutional validity of Section 16 of MSMED Act. Petitioner contended council lacked jurisdiction and award invalid due to missing signature of Chairman.

The writ petition arose from a contractual dispute between JSW Steel Ltd. (formerly Ispat Metallics India Ltd.) as petitioner and Kamlakar V. Salvi, p...

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Bombay High Court Allows Supplier in Arbitration Petition as MSEFC Fails to Act on Payment Claim; Section 18 of MSMED Act Creates Statutory Arbitration Agreement Justifying Section 11 Petition.

The dispute involved a supplier who had executed a purchase order dated June 8, 2018, and supplied goods to the respondent buyer. Invoices were raised...

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Bombay High Court Quashes MSEFC Award for Lack of Jurisdiction Over Buyer Outside Maharashtra. Territorial Jurisdiction of Facilitation Council Under Section 18 of MSMED Act, 2006 Cannot Extend to Buyers Located Outside Its Territorial Limits.

The petitioner, Gujarat State Petronet Ltd., a company incorporated under the Companies Act, 1956 with its registered office in Gandhinagar, Gujarat, ...

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Supreme Court Allows Appeal in Part and Refers Question of Law to Larger Bench in MSMED Act Dispute. Registration Under Section 8 of MSMED Act, 2006 Not a Precondition for Reference Under Section 18, but Issue Requires Authoritative Determination by Three-Judge Bench.

The Supreme Court of India heard an appeal by NBCC (India) Ltd. against the State of West Bengal and others, concerning a dispute with M/s Saket Infra...