Search Results for Tag : MSMED

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SC: Dues Under MSMED Act Won’t Prevail Over Proceedings Under SARFAESI Act(06.01.2023)

Supreme Court has held that Dues under Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 would not prevail over the SARFAESI Act.

Tags : Supreme Court, MSMED, SARFAESI, Dues

Bom HC: Facilitation Council Has No Jurisdiction to Conduct Arbitration Dispute of Works Contract(23.03.2023)

Bombay High Court while observing that works contract is not amenable to provisions of MSMED Act, and therefore Act could not have been invoked by cla.....

Tags : Bombay High Court, MSMED, Works Contract, Facilitation Council

Cal. HC: Facilitation Council Can Arbitrate Claims After Supplier’s Registration Under MSMED Act(10.04.2023)

Calcutta High Court has held that Facilitation Council would have exclusive jurisdiction to decide on reference, and to refer the same for arbitration.....

Tags : Calcutta High Court, MSMED Act, Facilitation Council

SC: Prior Registration Not Required under MSMED Act to Invoke Payment Dispute Resolution Mechanism(13.01.2025)

Supreme Court has observed that it is not mandatory for the MSMEs to have prior registration under Section 8 of the Micro, Small and Medium Enterprise.....

Tags : Supreme Court, MSMED Act, Prior Registration

Del HC: MSMED Act Not Applicable to CA Firms Appointed as Special Auditors(10.07.2023)

Delhi High Court has held that MSMED Act, 2006 is not applicable to a CA firm appointed as ‘Special Auditor’ under Section 142(2A) of the Income Tax A.....

Tags : Delhi High Court, MSMED Act, Special Auditor, Income-Tax

Bom. HC: MSMED Act Does Not Provide Mechanism for Challenging Award Passed Under Section 18(18.10.2024)

Bombay High Court has held that Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) does not provide any mechanism for challenging t.....

Tags : Bombay High Court, MSMED Act, Section 18

SC: Provisions of Limitation Act Will Apply to Arbitration Proceedings Under MSMED Act(30.06.2021)

Supreme Court held that the provisions of Limitation Act, 1963 will apply to arbitration proceedings initiated under Section 18(3) of Micro, Small and.....

Tags : Supreme Court, Arbitration Proceedings Under MSMED Act

P&H HC: Matter Can be Referred to Arbitration Under MSMED Act in Absence of Arbitration Agreement(14.06.2022)

Punjab and Haryana High Court has held that even in the absence of an arbitration agreement between the parties, the matter can be referred to arbitra.....

Tags : Punjab and Haryana High Court, Arbitration, MSMED Act

Delhi HC: In Disputes Relating to MSME Parties, MSMED Act Will Prevail Over Arbitration Act(27.02.2025)

Delhi High Court has observed that in disputes pertaining to a party which is an MSME, MSMED Act, 2006 governing a very specific nature of disputes co.....

Tags : Delhi High Court, MSMED Act, Arbitration Act

SC: Statutory Mandates Under MSMED Act Cannot be Overridden by Private Arbitration Clauses(16.05.2025)

SC has held that no party to a dispute covered under Section 17 of the MSMED Act, 2006 would be precluded from making a reference to the Facilitation .....

Tags : Supreme Court, Private Arbitration Clauses, MSMED Act

Ker. HC: MSMED Act Superseded All Recovery Proceedings by Virtue of Non-Obstante Clause u/s 24(23.10.2023)

Kerala High Court has held that MSMED Act being a subsequent legislation against the SARFAESI Act, the Parliament has purposefully and knowingly super.....

Tags : Kerala High Court, MSMED Act, SARFAESI

SC: Party Who Was Not Supplier on Date of Entering Into Contract Can’t Seek Benefit Under MSMED Act(02.11.2022)

Supreme Court has held that a party who was not 'supplier' on the date of entering into contract cannot seek any benefit as the 'supplier' under the M.....

Tags : Supreme Court, MSMED, Supplier

All. HC: MSMED Act Overrides Arbitration and Conciliation Act 1996(13.12.2023)

Allahabad High Court while observing that private agreement can’t obliterate statutory provisions, has held that once statutory mechanism under Sectio.....

Tags : Allahabad High Court, MSMED Act, Arbitration