BELLARY NIRMITHI KENDRA Vs. CAPITAL METAL INDUSTRIES

JUDGEMENT

(1.) The present Civil Revision Petition is filed under Sec. 115 of the Code of Civil Procedure, 1908[Hereinafter referred to as 'CPC'] challenging the order dtd. 19/3/2022 passed in Execution Case No.376/2015 by the Principal District and Sessions Judge, Bellary[Hereinafter referred to as 'Executing Court'] wherein an application filed by the Petitioner under Sec. 47 of the CPC was dismissed.

(2.) The relevant facts necessary for consideration of the present petition are that the Petitioner and the Respondent entered into an Agreement dtd. 26/6/2013[Herein after referred as the 'said Agreement'.] for supply of Kapital Era Bus Shelters at Ballari. Alleging various violations in compliance of the terms of the said Agreement, the Respondent filed a petition in Reference Petition No.69/2014 before the Micro and Small Enterprises Facilitation Council[Hereinafter referred to as 'Council' ] for recovery of a sum of Rs.34,48,445.00, consequent to which, a notice of Conciliation under Sec. 18 r/w 17 of the Micro, Small and Medium Enterprises Development Act, 2006[Hereinafter referred to as 'MSMED Act'] was issued to the Petitioner. In response, the Petitioner herein issued a reply denying the jurisdiction of the Council to adjudicate the dispute by placing reliance on clauses 8 and 9 of the Agreement.

(3.) Vide order/award dtd. 17/11/2017, passed under Sec. 18(3) of the MSMED Act, the Reference Petition No.69/2014 was allowed and it was ordered that the Petitioner herein who was arrayed as Respondent in proceedings before the Council was required to pay Rs.30,73,037.00 along with interest. Being aggrieved, the Petitioner preferred Writ Petition No.4523/2018 before the High Court of Judicature at Bombay challenging the said award dtd. 17/11/2017. Vide order dtd. 17/9/2019, the said writ petition was disposed of leaving it open for the Petitioner to avail the remedy under Sec. 34 of the Arbitration and Conciliation Act, 1996[Hereinafter referred to as Act of 1996 ]. The Petitioner preferred a petition under Sec. 34 of the Act of 1996 in Arbitration Petition No.1452/2019 before the High Court of Judicature, Bombay. Along with the said petition, I.A.1/2020 was filed for stay. Vide order dtd. 21/1/2020, the interim application as well as the petition were dismissed.