SC addressed maintainability of writ petitions under Article 226 ...

Supreme Court Refers Questions on Writ Jurisdiction Against MSEFC Orders Under MSMED Act to Five-Judge Constitutional Bench.

January 24, 2025

Case Laws Indian Laws SC

SC addressed maintainability of writ petitions under Article 226 against MSEFC orders under MSMED Act 2006. The Court determined that while MSMED Act establishes mandatory statutory arbitration with specific provisions for interest rates and pre-deposits, writ jurisdiction under Article 226 remains a constitutional right and part of basic structure. The matter raised complex questions regarding absolute bar on writ jurisdiction, exceptions to alternative remedy doctrine, and propriety of MSEFC members serving as both conciliators and arbitrators. Due to significance, SC referred these questions to a five-judge bench, maintaining that writ jurisdiction is discretionary and not automatically barred by alternative remedies. Final determination pending larger bench consideration.

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SC addressed maintainability of writ petitions under Article 226 ...

Supreme Court Refers Questions on Writ Jurisdiction Against MSEFC Orders Under MSMED Act to Five-Judge Constitutional Bench.

January 24, 2025

Case Laws Indian Laws SC

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