PATEL INFRASTRUCTURE LIMITED Vs. ADITYA CONSTRUCTION

JUDGEMENT

(1.) Leave granted.

(2.) An interesting question of law was sought to be raised by way of this appeal, that is, whether a buyer of goods or services from a micro or small enterprise (MSME), governed by the Micro, Small and Medium Enterprises Development Act, 2006, can seek to initiate arbitration proceedings in respect of its claim against such MSME by independently taking recourse to the Arbitration and Conciliation Act, 1996.

(3.) Effective arguments were advanced by Ms. Tanyiya Bansal, learned counsel for the appellant, and she placed reliance on case law in support of her weighty contentions. The decisions of the Delhi High Court in Uniseven Engineering and Infrastructure Pvt. Ltd. vs. Micro and Small Enterprises Facilitation (MSEF) Council, District (South), and another [W.P. (C) 11233/2021 and CM Appl. 34581, decided on July 5, 2023] and of the Calcutta High Court in Essar Oil and Gas Exploration and Production Limited vs. Gargi Travels Private Limited [A.P. No. 73 of 2023, decided on April 20, 2023] were placed before us.