SHAILESH KUMAR JAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the conciliation award under Ref. No.MSEFC/DIC/LDH/01//20/511 dtd. 28/1/2021 (Annexure-3 to the writ petition) passed by the respondent no.2 without making signatures of all the members of the District Level Micro and Small Enterprises Facilitation Council, Ludhiana, constituted in terms with the provision of Sec. 21 of the MSME Act, 2006 (hereinafter to be referred as 'the Act, 2006'). Further prayer has been made for issuance of direction upon the respondent no.2 to conduct a fresh conciliation proceeding as per the provisions enshrined in the Act, 2006. The petitioner has also prayed for issuance of direction upon the respondent no.2 to follow the mandate of Sec. 18(2) of the Act, 2006 for referring the matter to any other alternative dispute resolution forum.

(2.) Learned A.C. to G.A.II appearing on behalf of the respondent no.1 raises preliminary objection with regard to maintainability of the writ petition on the ground that the petitioner has the efficacious remedy of challenging the impugned award dtd. 28/1/2021 under Sec. 34 of the Arbitration and Conciliation Act, 1996.

(3.) On this, learned counsel for the petitioner submits that main reason for filing the present writ petition is that the impugned award dtd. 28/1/2021 is itself illegal for want of signatures of all the members of District Level Micro and Small Enterprises Facilitation Council, Ludhiana, constituted in terms with the provision of Sec. 21 of the Act, 2006.