LAWS(ORI)-2014-12-60

DEPUTY GENERAL MANAGER (C) H.S.M., NORTH EASTERN ELECTRIC POWER CORPORATION LTD. Vs. SIGMA ENGINEERING PVT. LTD. AND ORS.

Decided On December 10, 2014
Deputy General Manager (C) H.S.M., North Eastern Electric Power Corporation Ltd. Appellant
V/S
Sigma Engineering Pvt. Ltd. And Ors. Respondents

JUDGEMENT

(1.) THIS is a Writ Petition filed assailing the impugned order vide Annexure -1 whereby considering the request of the Opp. Party therein, i.e. the present Petitioner, for referring the matter for Arbitration under Section 8 of the Arbitration & Conciliation Act, 1996, the authority has passed the order deciding to consider the matter under the provisions contained at Section 18(4) of the Micro, Small & Medium Enterprises Development Act. 2006. Mr. Patnaik, Learned Counsel appearing for the Petitioner states that the order is illegal on the following grounds:

(2.) NOW coming to decide on the 1st question raised by the Learned Counsel for the Petitioner Section 8 of the Arbitration & Conciliation Act, 1996 reads as follows: -

(3.) IT is not disputed that such matters can be decided under the provisions of the Micro, Small & Medium Enterprises Development Act, 2006. It is here necessary to refer the provisions contained in Section 24 of the Micro, Small & Medium Enterprises Development Act, 2006.