Gujarat State Petronet Ltd. v/s Micro and Small Enterprises Facilitation Council - Synopsis
Team SoOLEGAL 31 Jul 2020

In the case Gujarat State Petronet Ltd. v/s Micro and Small Enterprises Facilitation Council & Other, WRIT PETITION NO.5459 OF 2015 the Bombay High Court noted that, pursuant to subsections (2) and (3) of Section 18,  and Section 80 of the Arbitration Act,1996 which prevents a conciliator from acting as an arbitrator in the same dispute, is applicable to the proceedings initiated under Section 18 of the  Micro, Small and Medium Enterprises Development Act, 2006. On the basis of a harmonious reading of both of these provisions, the Court held that the Council cannot act as both and that it could refer the matter to any centre or institution providing alternative dispute resolution services.


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