U. T. Of J&K vs Ms. Gulati Metals And Alloys Sidco And
2024 Latest Caselaw 2124 j&K

Jammu & Kashmir High Court

U. T. Of J&K vs Ms. Gulati Metals And Alloys Sidco And on 14 October, 2024

Author: Rajnesh Oswal

Bench: Rajnesh Oswal

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                HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                AT JAMMU

     WP(C) No. 2395/2024

     U. T. of J&K                                            .....Appellant(s)/Petitioner(s)
                                    Through: Mr. K. D. S. Kotwal, Dy.AG
                               Vs
     Ms. Gulati Metals and Alloys SIDCO and                                 ..... Respondent(s)
     another
                                    Through: Mr. Karman Singh Johal, Adv.

     Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

                                                 ORDER

14.10.2024

1. The petitioner through the medium of this writ petition has assailed award dated 31.03.2021 passed by the Micro and Small Enterprises Facilitation Council, Jammu.

2. Notice.

3. Mr. Karman Singh Johal, learned counsel accepts notice on behalf of the respondent No. 1. He submits that the present writ petition is not maintainable as the petitioner has a remedy under the Arbitration and Conciliation Act read with section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (for short MSME Act) to assail the award passed by the MSME. He has relied upon the judgment of the Apex Court in India Glycols Limited v. Micro and Small Enterprises Facilitation Council reported as AIR 2024 (SC) 285.

4. In view of the law laid down by the Apex Court that assailing the award passed by the MSME, Jammu is not maintainable, as such, present writ petition is dismissed. However, the petitioner shall be at liberty to avail remedy as available under law.

(RAJNESH OSWAL) JUDGE

Jammu 14.10.2024 Rakesh