SEW INFRASTRUCTURE LIMITED Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition has been brought under Article 227 of the Constitution of India praying to quash the proceeding on application for reference dated 18.09.2018, before the respondent No.3.

(2.) The facts of the case in brief is this, that the respondent No.4 moved an application under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (in short 'the Act, 2006'), before the Facilitation Council i.e. respondent No.3 on 18.09.2018. This application has been entertained by the respondent No.3. and the same is being proceeded with and notice has been issued to the petitioner for appearance in that proceeding.

(3.) It is submitted that the proceeding so initiated is against the provisions of Section 18 of the Act, 2006. Section 18 (2) of the Act provides that on receipt of a reference under sub-section (1), the Council shall either itself conduct conciliation in the matter or seek the assistance of any institution or centre providing alternate dispute resolution services, by making a reference to such an institution or center, for conducting conciliation and the provisions of Section 65 to 81 of the Arbitration and Conciliation Act, 1996 shall apply to such a dispute as if the conciliation was initiated under Part III of that Act. The petitioner has not given any notice for such conciliation.