DURO SHOX PVT. LTD. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present petition, the petitioner challenges the impugned order (award) dtd. 2/2/2024, in case No.MH/04/ard/00100 for being in violation of the statutory law, for being patently illegal, invalid and against the principles of natural justice. The petitioner has invoked the jurisdiction of this court to challenge the 'Award', contending that the award is ex-facie illegal and does not constitute an award within the meaning of and as contemplated under Sec. 18 of the Micro Small and Medium Enterprises Development Act, 2006 (for brevity "MSMED Act") and, as such, submits that without invoking the remedy of appeal as is available under Sec. 34 of the Arbitration Act, the petitioner has approached this court invoking jurisdiction of this court under Articles 226 227 of the Constitution of India for quashing the said order as being patently illegal.

(2.) Facts as pleaded in the petition are briefly summarized as under:

(3.) Per contra, learned counsel appearing for respondent no.3, Mr. P. K. Lakhotiya, submits that there is statutory remedy of appeal available to challenge the impugned order and that the present is not the case for invoking the writ jurisdiction of the court as the judgment is passed by the authority constituted under the MSMED Act. The procedure followed is in conformity of principles of natural justice and that the parties are heard in the matter. The replies and the documents are on record and the judgment is passed on merits. The award passed under Sec. 18 has to be only challenged by invoking Sec. 34 of the Arbitration Act. The writ jurisdiction is invoked only to bypass the statutory deposit of 75% required to be made under Sec. 19 of the MSMED Act.