Case Law Details
UJAS Associates Vs KJS Cement (India) Ltd (Madhya Pradesh High Court)
Powers under Section 9 of the A& C Act cannot be invoked by the competent Court prior to the termination of the conciliation proceedings under the MSMED Act.
Facts-
The petitioner (MSME) and respondent (company) were in transaction with regard to construction of Cement Mill Unit/Grinding Unit on the oral instructions of Vice Chairman cum Managing Director of the respondent’s company. The petitioner submits that he was issued a purchase order on 29/02/2020, but no agreement was executed containing terms and conditions for carrying out the construction work of Cement Mill Unit/Grinding Unit. However the petitioner submits that there are ample documents on the record to show the performance of work by the petitioner and the measurement by the respondents of the work carried out by the petitioner and also the documents pertaining to the non payment of the running bill. Thus, petitioner submits that without there being any written agreement, there was a contract for construction of Cement Mill Unit/Grinding Unit which the petitioner carried out and the petitioner claimed payment arising out of the said work which was executed by the present petitioner. However, certain disputes crept in between the appellant and respondent and resultantly, initially the appellant approached Facilitation Council constituted under the MS & ME Act, 2006 by initiating the proceedings of conciliation.
During the pendency of conciliation proceedings, the present appellant filed an application under Section 9 of the Act of 1996 before the Court below, with a prayer that during the course of execution of work, his machineries and other equipments which were detailed in document No.10 appended to the aforesaid application, lying in the premises of the respondent be handed over to the present appellant. Alternatively, it was prayed that the said articles be delivered to the appellant after appointment of a Commissioner.
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