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Search Results for "facilitation"

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High Court

Madras High Court Sets Aside MSME Facilitation Council Award for Lack of Jurisdiction — BSNL Not Liable for Interest Under MSMED Act as Council Had No Territorial Authority Over Dispute Arising from Contract with Chennai Seat of Arbitration.

6 Feb 2026

The petitioner, M/s. Bharat Sanchar Nigam Limited (BSNL), filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging...

High Court

Bombay High Court Dismisses Writ Petition Challenging MSME Council Award for Lack of Jurisdiction — Alternative Remedy Under Section 34 of Arbitration Act Available. Petitioner's Challenge to Award Under Section 18 of MSMED Act Rejected as Court Finds No Exceptional Circumstances to Bypass Statutory Appeal Remedy.

22 Oct 2024

The petitioner, M/s. Duro Shox Pvt. Ltd., a private limited company, challenged an award dated 02.02.2024 passed by the Micro and Small Enterprises Fa...

Supreme Court

Supreme Court Restores POCSO and IT Act Charges in Child Pornography Case — High Court Erred in Quashing Chargesheet Without Considering Presumption of Culpable Mental State. Possession of Child Pornographic Material, Even Without Intent to Distribute, Constitutes an Offence Under Section 15(1) of POCSO and Section 67B of IT Act.

23 Sep 2024

The Supreme Court allowed the appeals filed by Just Rights for Children Alliance and another child rights organization against the judgment of the Mad...

High Court

High Court of Karnataka Quashes Arbitrator Appointment in ISRO Contract Dispute Due to Lack of Jurisdiction. Appointment by Delhi Arbitration Centre without consent of Union of India held invalid under Section 11 of Arbitration and Conciliation Act, 1996.

22 Apr 2024

The petitioner, Union of India represented by the Ministry of Space (ISRO), filed a writ petition under Articles 226 and 227 of the Constitution of In...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Priority Dispute Between SARFAESI Act and MSMED Act. SARFAESI Act's Express Priority Provisions Under Section 26E Prevail Over MSMED Act's Recovery Mechanism, as No Conflict Exists and Priority Must Be Expressly Provided.

5 Jan 2023

The dispute arose from conflicting recovery claims under the SARFAESI Act and MSMED Act against a debtor, Mission Vivacare, which had defaulted on loa...

High Court

Bombay High Court Dismisses Appeals by Electricity Board Against MSEFC Awards Due to Limitation — Limitation Period Under Section 34 of Arbitration Act Applies to MSMED Act Awards. Delay of 120 days cannot be condoned as per Section 34(3) proviso, and no sufficient cause was shown for the delay in filing the applications to set aside the awards.

27 Aug 2018

The case involves nine commercial appeals filed by various micro and small enterprises (appellants) against the Maharashtra State Electricity Distribu...

High Court

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.

6 Aug 2018

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

High Court

High Court of Bombay Dismisses BSNL's Petition Challenging Facilitation Council's Jurisdiction Under MSMED Act — Arbitration Agreement Not Barred by Section 18 of MSMED Act. The court held that the Micro, Small and Medium Enterprises Development Act, 2006, being a special statute, overrides the arbitration agreement between the parties, and the Facilitation Council has jurisdiction to refer the dispute to arbitration.

31 Mar 2015

The petitioner, Bharat Sanchar Nigam Ltd. (BSNL), a Central Public Sector Enterprise, entered into agreements with respondent No. 2, M/s. People Infoc...

High Court

Bombay High Court Dismisses Petition Challenging Condition in Customs Circular Requiring Bank Guarantee for Accredited Importers. Condition Requiring Bank Guarantee for Differential Duty in Provisional Assessment Held Valid as Reasonable Safeguard Under Customs Act, 1962.

8 Nov 2011

The petitioner, Shah Pulp & Paper Mills Limited, challenged the legality and validity of a condition contained in paragraph 7(iii) of a circular issue...

High Court

Bombay High Court Dismisses Petition Challenging Jurisdiction of Micro, Small Enterprise Facilitation Council Under MSMED Act, 2006 — Reference Under Section 18 Maintainable Despite Arbitration Clause. The court held that the Facilitation Council has jurisdiction to entertain disputes between a buyer and a supplier under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006, and such jurisdiction is not barred by an arbitration agreement.

27 Aug 2010

The petitioners, M/s. Steel Authority of India Ltd. and its Bhilai Steel Plant, challenged the jurisdiction of the Micro, Small Enterprise Facilitatio...

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