Case Law Details
Case Name : Gujarat State Civil Supplies Corporation Ltd Vs Mahakali Foods Pvt. Ltd (Supreme Court of India)
Appeal Number : Civil Appeal No. of 2022 (SLP (C) No. 12884/2020)
Date of Judgement/Order : 31/10/2022
Related Assessment Year :
Courts :
Supreme Court of India
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Gujarat State Civil Supplies Corporation Ltd Vs Mahakali Foods Pvt. Ltd (Supreme Court of India)
Supreme Court held that chapter-V of the MSMED Act, 2006 would override the provisions of the Arbitration Act, 1996. Accordingly, the Micro and Small Enterprises Facilitation Council shall have jurisdiction to proceed with the dispute covered u/s 17 of MSMED Act, 2006 despite the existence of an independent arbitration agreement between the parties.
Facts-
The common questions of law arise for consideration are –
(i) Whether the provisions of Chapter-V of the MSMED Act, 2006 would have an effect overriding the provisions of the Arbitration Act, 1996?
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