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Judgment
Vivek Agarwal, J
Learned counsel for the petitioner submits that once concilliation had failed then the Council was resonsible for taking up the arbitration in terms of the provisions as contained in Section 18(3) of the Micro, Small And Medium Enterprises Development Act, 2006 and it was required to follow the procedure given in Sections 20, 23, 24, 25 of the Arbitration & Conciliation Act, 1996 but without following the procedure, the impugned award has been passed, which is contrary to the judgment of the Apex Court in Civil Appeal No.2899/2021 Jharkhand Urja Vikas Nigam Limited versus State of Rajasthan &
Others decided on 15.12.2021. He points out that the proceedings were not initiated making compliance of the provisions as contained in Section 20, 23, 24, 25 of the Arbitration & Conciliation Act, 1996 and, therefore, the impugned order is bad-in-law.
Issue notice to the respondents on payment of process fee within seven days by registered A/D post. Notice be made returnable within four weeks.
It is directed that if the petitioner deposits 75% of the amount so assessed by the Council then for the remaining amount, the execution shall remain stayed till next date of hearing.
List in week commencing 11.9.2023.