Order passed u/s 16 is challengeable u/s 34 of Arbitration & Conciliation Act,1996

Sunwin Papers Vs Sivadarshini Papers Pvt. Ltd. (Madras High Court) Held that order passed under section 16 of the Arbitration and Conciliation Act, 1996 can be challenged under section 34 of the Arbitration and Conciliation Act, 1996 Facts- ‘Sivadarshini Papers Pvt. Ltd.’ has raised two points i.e. section 34 petition is not maintainable qua impugned award as it is proceedings under section 16 and Sunwin ceased to be a MSME owing to notification no. 10.01.2017 notification and therefore reference to arbitration itself is bad u/s 18 of MSMED Act. Conclusion- Hon’ble Supreme Court in the c...