NB Associates – Advocates & Legal Consultants

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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MSME Claim Settlement Procedure – A Boon for MSMEs


Author- admin
Date:October 9, 2022

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


Author- admin
Date:October 5, 2022

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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Whether Limitation Act applies to claims under MSME Act?


Author- admin
Date:June 1, 2022

Whether Limitation Act applies to claims under MSME Act? Sections 17 and 18 of the Micro, Small and Medium Enterprises Development Act, 2006 provide for the recovery of the amount due for any goods or services rendered by the supplier. This is applicable to the supplier which comes under the definition of Micro, Small or […]

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