MSMED Act is a special legislation and has an overriding effect,

NBCC (India) Ltd. Vs State of West Bengal (Calcutta High Court)

MSMED Act is a special legislation and has an overriding effect, the parties governed by it are bound to follow the mechanism provided under Section 18 of the Act. It was further reiterated in Mackintosh Burn Limited v. Micro and Small Enterprises Facilitation Council reported in 2020 (209) AIC323.

10. The Learned Single Judge rightly observed that “without prejudice to any of the rights and contentions of the writ petitioner, the petitioner shall participate in arbitration and that the Tribunal shall decide on its jurisdiction on inter alia the questions raised by the writ petitioner before entering into other questions.”

FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT

1. The instant writ petition has been filed in the Original side of this Hon’ble Court. The appellant/writ petitioner being aggrieved by and dissatisfied with the order dated 16.12.2021 as modified by another order dated 24.12.2021 passed by the Hon’ble Justice Rajasekhar Mantha in WPO No.1231 of 2021 has preferred the instant appeal.

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