L And W Building Solutions Pvt. Ltd vs Vilas Enterprises And Anr
2024 Latest Caselaw 24846 Bom

Bombay High Court

L And W Building Solutions Pvt. Ltd vs Vilas Enterprises And Anr on 27 August, 2024

Author: Sharmila U. Deshmukh

Bench: Sharmila U. Deshmukh

                                                                27 Wp-13744-2023.doc


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION

                    WRIT PETITION NO. 13744 OF 2023

L And W Building Solutions Pvt. Ltd.                                ...Petitioner.
        Versus
Vilas Enterprises and Another.                                      ...Respondents.

                                      ------------
Mr. Mihir Nerurkar i/b Ravindura Vishnu Laxmi Sankpal, Kunal M. Patel and
Manisha Karande i/b R. V. Sankpal & Associates for the Petitioner.
Ms. Tanu Bhatia, AGP for the Respondent-State.
Mr. Surel S. Shah, Senior Advocate along with Mr. Chaitanya Nikte, Rutuij Kale,
prajit S. Sahane for the Respondent No. 1.
                                      ------------

                                   Coram :    Sharmila U. Deshmukh, J.

Date : August 27, 2024.

P. C. :

1. By this petition, the challenge is to the order dated 5 th December

2022 passed by the MSME Facilitation Council. Mr. Shah, learned Senior

Advocate appearing for the Respondent No.1 points out the judgment

of the Apex Court in India Glycols Limited v. Micro and Small

Enterprises Facilitation Council [2023 SCC OnLine SC 1852] wherein

the Apex Court has held that the remedy provided under Section 34 of

the Arbitration and Conciliation Act, 1996 would cover the award of

Facilitation Council. The Apex Court has considered the provisions of

Section 19 of the Micro Small and Medium Enterprises Development

Act, 2006 which provide for a pre-deposit of 75% of the amount of

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27 Wp-13744-2023.doc

decree or award under challenge.

2. Learned counsel appearing for the Petitioner submits that the

writ petition under Article 226 is maintainable as the contention of

Petitioner is that the award of facilitation council is nullity. Considering

the provisions of Section 19 of the MSME Act, the Petitioner is directed

to deposit 75% of the amount of award within a period of two weeks.

List on 10th September 2024.

                                             [Sharmila U. Deshmukh, J.]




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