Iti Limited vs Micro And Small Enterprises ...
2022 Latest Caselaw 2632 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 4802/2022

ITI Limited
                                                                      ----Petitioner
                                     Versus
Micro And Small Enterprises Facilitation Council & Anr.
                                                                  ----Respondents

For Petitioner(s) : Mr. R.K. Agarwal, Sr. Adv. assisted by Mr. Sandeep Bansiwal Ms. Ketki P. Jha For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

29/03/2022

Referring to provisions of Section 18 (2) of the Micro, Small

and Medium Enterprises Development Act, 2006 and a Division

Bench judgment of Hon'ble Bombay High Court in case of Gujarat

State Petronet Ltd., Gujarat versus Micro and Small

Enterprises Facilitation Council, Thane & Ors.: AIR 2018

Bombay 265, learned Senior Counsel for the petitioner submitted

that decision of the Council to act as an Arbitrator vide its order

dated 11.02.2022 after failure of conciliation proceedings

undertaken by it, is bad in law.

Issue notice of the writ petition as well as of stay application.

Rule is made returnable by five weeks. Notices be filed in two

sets. One set of notices be sent through registered post with

acknowledgment due. Steps to be taken within a week.

Heard learned Senior Counsel on interim relief.

(2 of 2) [CW-4802/2022]

Taking into consideration the contentions advanced by

learned Senior Counsel and the material on record, this Court

deems it just and proper to stay the further arbitration

proceedings pending before Facilitation Council in terms of order

dated 11.02.2022, till further orders.

(MAHENDAR KUMAR GOYAL),J

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