MSEFC Archives

Delhi HC: Invoking S.18 of MSMED Act for dispute resolution not mandatory, but once invoked, party cannot seek appointment of arbitrator

“Once the mechanism under MSME Act is triggered by any party, the procedure has to be taken to its logical end. However, once there is no trigger by invoking the jurisdiction of the Council, party cannot be precluded from resorting to any other mechanism for resolution of its disputes.”

Op Eds OP. ED.

Permissibility of Arbitration Proceedings by Empanelled Arbitrators under the MSMED Act, 2006

by Hiresh Choudhary* and Surbhi Sharma**

Case Briefs High Courts

[MSMED Act] Interest for delayed payment allowed even if principal amount already paid: Jharkhand High Court

“The MSMED Act, 2006 is a beneficial legislation with an object to promote and develop micro, small and/or medium enterprises, and the interpretation regarding a reference for the interest component alone would be in consonance with the object of the Act”

Case Briefs High Courts

Can Micro & Small Enterprises Facilitation Council entertain references to arbitration from ‘Medium Enterprises’ under MSMED Act, 2006? Delhi High Court analyses

The MSMED Act, 2006 is a beneficial legislation for Micro, Small and Medium Enterprises and ought to be construed in a manner that is beneficial to such enterprises.