BOARD OF MAJOR PORT AUTHORITY FOR THE SHYAMA PRASAD MOOKERJEE PORT Vs. MARINE CRAFT ENGINEERS PRIVATE LIMITED

JUDGEMENT

(1.) This is an application for stay of an arbitral award passed by the West Bengal State Micro Small Enterprises Facilitation Council on 28/4/2022. The impugned award was passed by the Council under Sec. 18(3) of The Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act).

(2.) The stay has been sought under Sec. 36(2) of The Arbitration and Conciliation Act, 1996.

(3.) The petitioner seeks unconditional stay of the impugned award under the second proviso to Sec. 36(3) of the 1996 Act; the ground taken is that the Council became de jure unable to perform its functions and consequently the award is without jurisdiction and void.