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