2021 (12) TMI 1356 - HC - Indian Laws

Reference of disputes and differences to Arbitration under five several contracts - reference made by the Facilitation Council MSME under Sections 18(2) and 18(3) of the Micro Small and Medium Enterprises Development Act 2006 (MSMED Act) - applicability of MSMED Act to the Works Contract - legality of clubbing of five different contracts into one reference for adjudication - HELD THAT - This Court is of the view that without prejudice to any of the rights and contentions of the writ petitioner the question jurisdiction on each raised by the petitioner before the Arbitral Tribunal - The Tribunal shall decide on its jurisdiction on inter alia the questions raised by the writ petitioner before entering into other questions. Petition disposed off.

Summary

The High Court of Calcutta disposed of a writ petition challenging an order referring disputes to arbitration under five contracts with M/s. Saket Infra Developers Pvt. Ltd. The petitioner argued that the MSMED Act does not apply and that work contracts are not covered by it. The Court held that the Arbitral Tribunal will decide on its jurisdiction regarding the issues raised by the petitioner. No costs were awarded in this case.