VIJETA CONSTRUCTION Vs. INDUS SMELETERS LTD

JUDGEMENT

(1.) Delay condoned. Leave granted. Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 12/3/2012 passed by the High Court of Chhattisgarh at Bilaspur in writ petition (c) No.418 of 2012, by which the High Court has dismissed the said writ petition as not maintainable in view of remedy available to the original petitioner under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Arbitration Act), the original respondent No. 1 has preferred the present civil appeal.

(2.) That the dispute arose between the parties which could not be resolved. The case on behalf of the respondent herein was that it supplied TMT bar to the appellant herein valuing Rs.2,44,92,846.00 out of which it received Rs.1,24,50,000.00. The appellant had not made payment of the remaining amount, therefore, the respondent being supplier approached the Chairman, Micro Small and Medium Enterprises Facilitation Council (hereinafter referred to as the Facilitation Council) constituted under the Micro Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as the MSMED Act) for small scale industries.

(3.) By order dtd. 10/1/2012 the Facilitation Council closed the said proceedings by observing that Facilitation Council has been constituted with limited object and jurisdiction and the Facilitation Council has no jurisdiction to make thorough enquiry and take evidence and decide truth about the challenged document. The Facilitation Council also observed that parties are at liberty to move before the competent court.