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TMI Blog2022 (6) TMI 365X X X X Extracts X X X X X X X X Extracts X X X X ..... on the interpretation of Section 18 of the Act. The High Court held that since the Act is a special legislation and has an overriding effect, the parties governed by it are bound to follow the mechanism provided under Section 18 of the Act. It was further reiterated in Mackintosh Burn Limited v. Micro and Small Enterprises Facilitation Council [ 2020 (2) TMI 1639 - CALCUTTA HIGH COURT] . The Learned Single Judge rightly observed that without prejudice to any of the rights and contentions of the writ petitioner, the petitioner shall participate in arbitration and that the Tribunal shall decide on its jurisdiction on inter alia the questions raised by the writ petitioner before entering into other questions. - Appeal dismissed. - A.P. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ract by the respondent no.4 and the work has been taken up by new agencies at the risk and cost of the respondent no.4. However, two project works are still continuing and one has been completed. Furthermore, some disputes and discords have arisen between the appellant and the respondent no.4 in connection with the aforesaid five contracts out of which the MSTC Limited s project work has already culminated into a commercial suit before the Commercial Court at Rajarhat. The respondent no.4 in connection with all the aforementioned five projects, had lodged a claim before the respondent no.2, herein the Chairman of the West Bengal State Micro and Small Enterprise Facilitation council under the MSMED Act to which the appellant objected on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een the parties, the Council shall either itself take up the dispute for arbitration or refer it to any institution or centre providing alternate dispute resolution services for such arbitration and the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall then apply to the dispute as if the arbitration was in pursuance of an arbitration agreement referred to in sub-section (1) of section 7 of that Act. 5. However, the appellant again objected on some elementary issue stating that the respondents cannot proceed under the MSMED Act and further, on the date of the awarding of the four work contracts, the respondent no.4 was not registered under the said act and thus, as per the decision of the Hon ble Supreme Court, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondents specifically respondent No.2 to decide on the preliminary objections regarding the maintainability and the jurisdictional issues as raised by the petitioner, before entering into any arbitral reference in the matter; (d) A Writ of or in the nature of Prohibition do issue prohibiting the respondents especially the respondent No.2 and 3 and each one of them, their men, agents and sub-ordinates etc. from continuing with the reference of arbitration which has been sought to be commenced by the letter 19.01.2021 upon termination of the purported conciliation proceeding and further prohibit them from taking any coercive steps or passing any penal order or impose any order against the petitioner; (e) A Writ of or in the nature o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of labour and services. 9. As held in Principal Chief Engineer vs M/S Manibhai and Bros (Sleeper) reported in MANU/SCOR/24287/2017, The Supreme Court upheld the Gujarat High Court s judgment on the interpretation of Section 18 of the Act. The High Court held that since the Act is a special legislation and has an overriding effect, the parties governed by it are bound to follow the mechanism provided under Section 18 of the Act. It was further reiterated in Mackintosh Burn Limited v. Micro and Small Enterprises Facilitation Council reported in 2020 (209) AIC323. 10. The Learned Single Judge rightly observed that without prejudice to any of the rights and contentions of the writ petitioner, the petitioner shall participate in arbitra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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