PORWAL SALES Vs. FLAME CONTROL INDUSTRIES

JUDGEMENT

(1.) This is a arbitration petition filed under section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter for short "the said Act"), whereby the petitioner is before the Court praying that an arbitral tribunal be appointed to adjudicate the disputes between the parties under an agreement entered between the petitioner and the respondent, whereby the petitioner was appointed by the respondent as an exclusive stockists of the respondent's products.

(2.) The question which arises for consideration in this Petition is as to whether the jurisdiction of this Court under section 11 of the Arbitration and Conciliation Act, 1996 is taken away merely because the respondent is a small scale enterprise falling under the Micro, Small and Medium Enterprises Development Act, 2006 (for short "MSMED" Act), and no application/reference has been made by the respondent invoking the provisions of Section 18(1) of the MSMED Act.

(3.) The petitioner is a proprietory concern of Mr. Vijay Porwal, and is engaged in selling and marketing all kinds of kitchen appliances/products, at Pune in Maharashtra at the address shown in the cause title. The respondent is stated to be engaged in the business of manufacturing and supply of several kinds of kitchen appliances, having its manufacturing unit at Himachal Pradesh.