M/S. Zamil Construction India ... vs Supertech India Private Limited
2022 Latest Caselaw 9940 Bom

                                                                                              25-arp-2-2021.doc




                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

                                               ARBITRATION PETITION NO. 2 OF 2021

                              M/s. Zamil Construction India Pvt. Ltd.               ...Petitioner
                                     V/s.
                              M/s. Supertech India Private Limited                  ...Respondent

                                                                 ----
        Digitally signed by
MAMTA
                              Ms. Vritee Ssoni i/b. Mr. Aniruddha Joshi, for the Petitioner.
        MAMTA AMAR
AMAR    KALE
        Date: 2022.09.29
KALE
                              Mr. Vinay Kanodia i/b. Mr. Anil Agarwal, for the Respondent.
        16:29:22 +0530




                                                                 ----

                                                                CORAM : C.V. BHADANG, J.

DATE : 28 SEPTEMBER 2022

P.C.

. The issue is whether once the Respondent having approached the Facilitation Council under the provisions of the MSME Act, the present petition under Section 11 at the instance of the Petitioner (the Respondent before the Facilitation Council) is maintainable.

2. The learned counsel for the Petitioner has placed reliance on a Division Bench judgment of this Court at Nagpur in M/s. Steel Authority of India Ltd. and Anr. Vs. Micro, Small Enterprises Facilitation Council, through Joint Director of Industries, Nagpur Region, Nagpur1, in order to submit that this

1AIR 2012 Bombay 178

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Court has held that the Facilitation Council can entertain the dispute only regarding the unpaid purchase price and not other claims as to delayed interest / damages etc.

3. The learned counsel for the Respondent has pointed out a decision of the Division of the Gujarat High Court in Shri Mahavir Ferro Alloys Pvt. Ltd. Vs. Passary Minerals Ltd. 2 In para 8 of the judgment, the Division Bench of the Gujarat High Court has dissented from the view taken by this Court in Steel Authority of India Ltd. He points out that the said view as taken in Mahavir has been confirmed by the Supreme Court while refusing to entertain the special leave petition on 5 July 2017.

4. Faced with this, learned counsel for the Petitioner seeks time.

5. Stand over to 6 October 2022.

C.V. BHADANG, J.

2MANU/OR/0144/2018

Mamta Kale                                     page 2 of 2