EXECUTIVE ENGINEER Vs. BHOLASINGH JAIPRAKASH CONSTRUCTION LTD.

JUDGEMENT

(1.) By way of the present Writ Petition, the Petitioner seeks to quash the proceedings initiated by the Respondent No.2/Micro and Small Enterprises Facilitation Council under the Micro, Small and Medium Enterprise Development Act, 2006 (hereinafter referred to as "the MSMED Act") referring the dispute between the Petitioners and the Respondent No.1 to the Micro, Small and Medium Enterprise (MSME) Arbitral Tribunal and setting aside of Final Award dtd. 26/12/2022 and 2/1/2023, passed by the Arbitral Tribunal in MSME CASE/REF. ID: DL/10/S/SWC/00931/2022.

(2.) The facts, in brief, as stated by the Petitioner in the present Writ Petition, are as under:

(3.) Learned Counsel for the Petitioner contends that since the provisions of the MSMED Act could not be invoked, the proceedings under the MSMED Act, including the reference to the Arbitral Tribunal, ought to be set aside. Learned Counsel for the Petitioner places reliance on (a) Shree Gee Enterprise v. Union of India, 2015 SCC OnLine Del 13169; (b) Sterling & Wilson (P) Ltd. v. Union of India, 2017 SCC OnLine Bom 6829 & (c) Tata Power Company Limited v. Genesis Engineering Company, 2023:DHC:2649; to contend that only contracts relating to goods or services are covered by the MSMED Act and the works contract are not covered under the MSMED Act. He also places reliance on (d) Silpi Industries v. Kerala State Road Transport Corporation, 2021 SCC OnLine SC 439; (e) Gujarat State Civil Supplies Corporation v. Mahakali Foods Pvt. Ltd., (2023) 6 SCC 401; to substantiate that MSMED Act is no applicable to contracts executed prior to the registration of the company under the MSMED Act. He also places reliance on (f) JSW Steel Ltd. v. Kamlakar V. Salvi and Ors., 2021:BHC-AS:13934-DB, (g) Whirlpool Corporation v. Registrar of Trademarks, (1998) 8 SCC 1; (h) Kiran Sing v. Chaman Paswan, AIR 1954 SC 340, (i) Embassy Property Development Pvt. Ltd. v. State of Karnataka, (2020) 13 SCC 308 & (j) Arun Kumar v. Union of India, (2007) 1 SCC 732, to contend that a Writ Petition against an award under the MSMED Act is maintainable when there is a lack of jurisdiction.