SANGANER ENVIRO PROJECT DEVELOPMENT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Pankaj Ghiya, learned advocate with Mr. Harsh K. Raval, learned advocate appearing for the petitioner, submitted that the petitioner is seeking quashing and setting aside of the order dtd. 6/8/2021 passed by the Micro and Small Enterprises Facilitation Council, Gandhinagar, Gujarat (hereinafter referred to as 'the Council').

(2.) On the other hand, Mr. Arjun Sheth, learned advocate appearing for the respondent no.3, submitted that though various orders and judgments have been cited by the learned advocate for the petitioner in support of his contention that once the council has acted as a conciliator under the provisions of Sec. 18(2) , it would be impermissible to it to act as an arbitrator as per the provisions of Sec. 18(3) ; however, the learned counsel has missed the judgment of the Division Bench of this Court rendered in the case of Principal Chief Engineer vs. M/s. Manibhai & Brothers (Sleeper ) reported in AIR 2016 Guj 151. It is submitted that this Court, while dismissing the appeal has held and observed that considering sub- sec. (1) of Sec. 18 of the Act of 2006, the Facilitation Council has jurisdiction to act as an Arbitrator and / or conciliator and the Council had only one of two courses of action open to it, either to conduct an arbitration itself or to refer the parties to a centre or institution providing alternate dispute resolution. It is submitted that an SLP against the said judgment has been dismissed and therefore, the judgment holds the field.

(3.) Heard learned advocates appearing for the respective parties.