9911796707
TMI Blog2022 (6) TMI 365X X X X Extracts X X X X X X X X Extracts X X X X ..... sfied with the order dated 16.12.2021 as modified by another order dated 24.12.2021 passed by the Hon'ble Justice Rajasekhar Mantha in WPO No.1231 of 2021 has preferred the instant appeal. 2. The facts in a nutshell are that the appellant/writ petitioner, herein NBCC (India) Limited, a Government of India enterprise during a time period of 30.07.2015 to 19.08.2016 had issued four work orders of different values, inter alia, awarding respondent no.4, herein Saket Infra Developers Private Limited for undertaking the same. Again, on 15.09.2017, the appellant awarded the work contract of MSTC Building at New Town to respondent no.4. 3. On 19.11.2016, the respondent no.4 registered itself as a small enterprise under the Micro, Small and Medium ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ises Facilitation Council.- (1) Notwithstanding anything contained in any other law for the time being in force, any party to a dispute may, with regard to any amount due under section 17, make a reference to the Micro and Small Enterprises Facilitation Council. (2) On receipt of a reference under sub-section (1), the Council shall either itself conduct conciliation in the matter or seek the assistance of any institution or centre providing alternate dispute resolution services by making a reference to such an institution or centre, for conducting conciliation and the provisions of sections 65 to 81 of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to such a dispute as if the conciliation was initiated under Part III ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e order dated 19.01.2021 (being Annexure "P-5") and 22.09.2021 (being Annexure "P-9") and to set aside and/or rescind the order by which they assumed the role of arbitrator in the present case for want of requisite jurisdiction; (b) A Writ of or in the nature of Certiorari do issue commanding the respondent No.2 and 3 and each one of them, their men, agents, assigns, sub-ordinates to certify and transmit all documents pertaining to the orders dated 19.01.2021 (being Annexure "P-5") and 22.09.2021 (being Annexure "P-9") by which the respondent authorities have tried to enter into an Arbitral reference under the said MSMED Act, 2006, before this Hon'ble Court so that conscionable justice may be administered by quashing the said orders and/o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction regarding the jurisdiction of the Facilitation council and the maintainability of the entire proceeding under the MSMED Act. From the very inception, the appellant has categorically taken its preliminary objection that no proceeding is maintainable before the Facilitation Council constituted under the MSMED Act so far as the work contract between the parties is concerned. It was contended that the MSMED Act, 2006 has no manner of application apropos the 'Work Contract' since neither section 11 nor the Public Procurement Policy, 2012 envisages a composite and distinct category of contracts such as work contract. 8. It was held in Kone Elevator India Private Limited v. State of Tamil Nadu reported in 2014(7) SCC 1 that " the work contr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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