Arbitration and Conciliation Act, 1996 – Section 8 – Arbitration – Reference under MSME – (Micro, Small and Medium Enterprises Development Act) – Challenge to – [i] whether the reference orders under the MSME Act are tenable or not, and, if so, [ii] whether the reference orders for work contracts could be collectively referred for arbitration before the same learned Arbitrator. Held: It is an admitted position of the appellant that one of the invoices under the work contracts/agreements is indeed post registration of KBPL as a MSME. Thus, this Court is of the opinion that the MSEFC was well within its powers to refer the matter to arbitration and there was no error of any kind. Hon’ble Supreme Court in Dolphin Drilling Ltd. vs. ONGC [(2010) 3 SCC 267] wherein it was held that if there are multiple disputes arising out of connected work contracts/agreements inter se the same parties involved, then an attempt ought to be made of referring them to the same Arbitrator. No merit in petition – Dismissed. (Para 12, 13, 16)
DELHI HIGH COURT
DELHI HIGH COURT
Citation: 2023 STPL(Web) 14 Delhi
Jaiprakash Associates Ltd. Vs. Micro And Small Enterprises Facilitation Council and anr.
LPA 565 of 2023 & CM Nos.37242 of 2023, 37243 of 2023 & 37244 of 2023-Decided on 02-08-2023
https://stpllaw.in/wp-content/uploads/2023/08/2023-STPLWeb-14-Delhi.pdf
