NATIONAL CO-OPERATIVE CONSUMERS FEDERATION OF INDIA LIMITED Vs. MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL

JUDGEMENT

(1.) The present petition has been filed aggrieved of order dtd. 5/8/2021 (Annex.8) (wrongly mentioned to be 31/8/2021 in the prayer) whereby an Award/order has been passed against the petitioner firm by respondent No.1-Council.

(2.) A preliminary objection has been raised by Counsel for the respondents regarding maintainability of the present petition. Counsel submits that the impugned order is an Award and hence, amenable to challenge under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act of 1996 ).

(3.) Counsel while relying upon the Apex Court judgment in M/s India Glycols Limited and Another Vs. Micro and Small Enterprises Facilitation Council, Medchal - Malkajgiri and Others; AIR 2024 SC 285 submits that no order/award/decree passed in terms of Sec. 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as the Act of 2006 ) can be assailed in a writ petition.