UNICON ENGINEERS Vs. JINDAL STEEL

JUDGEMENT

(1.) The petitioner seeks execution of an 'order' dtd. 22/9/2020 passed by the Micro and Small Enterprises Facilitation Council, Coimbatore Region ['the Council']. The proceedings have been filed on the premise that the said order is an arbitral award capable of execution under Sec. 36 of the Arbitration and Conciliation Act, 1996 ['the Act'].

(2.) The petitioner is a 'small enterprise' within the meaning of the Micro, Small and Medium Enterprises Development Act, 2006 ['the MSMED Act']. The respondent issued a work order dtd. 29/5/2015 in favour of the petitioner for erection of pollution control equipment. The value of the work awarded was to the tune of Rs.6.47 crores. The claim of the petitioner was that the respondent failed in making timely payment on account of which, a sum of Rs.1,76,45,947.00 became due from the respondent. It proceeded under Sec. 18 of the MSMED Act by making a complaint before the Council constituted under Sec. 20 thereof.

(3.) The proceedings resulted in the impugned order dtd. 22/9/2020. The order narrates the proceedings over six sittings, culminating in the hearing held on 22/9/2020. The proceeding of the 6th hearing held on 22/9/2020 are summarised in the following terms:-