MSME Award Appeal here we mean and discuss Appeal against the order, decree or Award arising out of the statutory arbitration proceeding under MSME Act. There have been challenges to this provision in courts, where the contentions were raised that this provision is not mandatory and there can be deviation by the Appellate court. Thus, the Supreme Court has made it clear that the provision of section 19 of the MSME Act is mandatory in nature..             
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Extention mandate in Arb proceeding under MSME Act


Author- admin
Date:October 14, 2022

Courts power to extend mandate in Arb proceeding under MSME Act Section 29A of the Arbitration and Conciliation Act, 1996 prescribes that the award in the matter of arbitration other than International commercial arbitration be completed within a period of 12 months from the date of completion of pleadings. As per section 29A(4) if the […]

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Frequently asked questions on MSME claims


Author- admin
Date:October 9, 2022

General Frequently asked questions on MSME claims, FAQ – MSME What is MSME?  How MSME claim is filed? What is MSME Samadhan? Who are eligible for MSME Samadhan? Where can an MSME claim be filed? Jurisdictions How effective is MSME Samadhan? What are the benefits of MSME Samadhan? Whether Limitation Act applies to claims under […]

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MSME Claim Settlement Procedure – A Boon for MSMEs


Author- admin
Date:

MSME Claim Settlement Procedure – Law Article by NB Associates, Advocates & Solicitors When it came to initiating litigation for recovery of money to whom the services or goods have been supplied, always came in mind the protracted litigation, the jurisdictions issues, the cumbersome process of the enforcement of the decree passed by the court, […]

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Gujarat State Disaster Management Authority vs. M/s Aska Equipments Limited


Author- admin
Date:October 5, 2022

[CIVIL APPEAL NO. 6252 OF 2021 This is only an excerpt of the main judgement. Read here full judgement Court: Supreme Court of India Bench: Justice M.R. Shah & Justice A.S. Bopanna Date of Order: OCTOBER 08, 2021 Impugned judgement/order Order dated 26.09.2019 passed by the High Court of Uttarakhand at Nainital in Writ Petition […]

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Can Bank guarantee be accepted as 75% pre deposit u/s 19 MSME Act?


Author- admin
Date:

We will discuss here can Bank guarantee or other security be accepted as 75% pre-deposit under section 19 MSME Act? The question as to whether the court can accept a bank guarantee or other security as the fulfilment of a condition of pre-deposit under section 19 of the MSME Act came before the Uttarakhand High […]

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Can deposit of 75% u/s 19 of MSME Act be in Instalments?


Author- admin
Date:

Can the court order a deposit of 75% under section 19 of the MSME Act in Instalments? That is the question we are going to discuss here. Section 18 of the MSME Act provides the adjudication of the money claims of an MSME through an alternate dispute resolution mechanism i.e. arbitration. Such arbitration is called […]

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Whether condition of 75% deposit under sec 19 MSME act is mandatory?


Author- admin
Date:October 3, 2022

Section 19 of the MSME Act, of 2006 relates to an application for setting aside a decree, award or order passed in an alternate dispute resolution process under a reference made by the facilitation council. Thus, when a decree, award or order is passed in an arbitration proceeding pursuant to reference under section 18 of […]

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Conciliation notice and defence of limitation


Author- admin
Date:

Whether mere notice of conciliation by the MSME facilitation council wipe out the legal defence of limitation? Law of limitation prescribes money claims be filed within 3 years from the date of cause of action arose. Situation & Questions So, when a claim is filed before the MSME facilitation council, the facilitation council issues notice […]

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Conditions for mutual divorce in Special Marriage Act 1954


Author- admin
Date:July 3, 2022

Conditions for mutual divorce in Special Marriage Act 1954 Grounds of mutual divorce under Section 28 of Special Marriage Act 1954 Section 28 of Special Marriage Act 1954 provides following grounds on which a petition for dissolution of marriage can be presented in court: (1) Both husband and wife has been living separately for a […]

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