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TMI Blog2015 (1) TMI 1493X X X X Extracts X X X X X X X X Extracts X X X X ..... DGMENT K. KANNAN, J. 1. The order impugned is a reference by the Chairman HMSEFC-cum-Director of Industries and Commerce under the Provisions of the Micro Small and Medium Enterprises Development Act, 2006. If any dispute arises under a contract at the instance of any enterprise to which the provision of 2006 Act is applicable, Section 18 contemplates that the matter would be decided either by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd when the Director makes a reference on behalf of the Council to an Arbitrator. It must be taken that it was not possible to conciliate and resolve the dispute itself and therefore, the reference was made. It would make no difference that the reference is made to an institution or centre which will provide for alternative dispute resolution services or a direct reference to the arbitrator itself ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is set forth under Section 18 which begins with these expressions "notwithstanding anything contained in any other law for the time being in force". A contract that provides for appointment of an arbitrator must be seen as a contract as recognized by law and that provision will stand eclipsed by the non obstante clause that Section 18 provides for. I find no substantial prejudice for the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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