Sponsored
    Follow Us:

Case Law Details

Case Name : National Collateral Management Services Limited Vs Kunj Bihari Food Processing Pvt Ltd (Jharkhand High Court)
Appeal Number : Arbitration Application No. 31 of 2021
Date of Judgement/Order : 28/07/2022
Related Assessment Year :
Become a Premium member to Download. If you are already a Premium member, Login here to access.
Sponsored

National Collateral Management Services Limited Vs Kunj Bihari Food Processing Pvt Ltd (Jharkhand High Court)

HC held that merely because one of the parties, has approached before the MSME Council, the instant Arbitration application cannot be held to be not maintainable

The petitioner/applicant, admittedly, made request for appointment of arbitrator in a situation where the dispute has arisen as would appear from Annexure-2 appended to the instant application but the admitted position is that no arbitrator has been appointed.

The question has been raised by the learned counsel for the respondent that the similar issue is pending for adjudication before the Council constituted under the MSME Act, 2006, therefore, the instant application is not maintainable.

This Court, is not in agreement with such submission reason being that even accepting that the similar matters are pending before the Council, the same cannot be construed to be a ground for holding this application not maintainable. The reason for coming to such conclusion is that under Section 11(6) of the Arbitration and Conciliation Act, 1996 is supposed to see the arbitration clause contained in the agreement/contract enriched in between the parties. The matter is otherwise different if there is no arbitration clause in the agreement then what has been submitted by the learned counsel for the respondent can be accepted, but, that is not the fact herein since there is specific arbitration clause as under Clause 19 of the Milling Agreement dated 11.2017, as quoted and referred above.

Please become a Premium member. If you are already a Premium member, login here to access the full content.

Sponsored

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

Leave a Comment

Your email address will not be published. Required fields are marked *

Sponsored
Sponsored
Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031