MAHARASHTRA PUBLIC SERVICE COMMISSION vs VAST INDIA PVT. LTD

Judgment text excerpt

CARBPL.7555.2023 -F-copy.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by SHRADDHA COMMERCIAL ARBITRATION PETITION (L) NO.7555 OF 2023 SHRADDHA KAMLESH KAMLESH TALEKAR TALEKAR Date: 2025.02.11 21:17:51 +0530 Maharashtra Public Service Commission .. Petitioner Versus Vast India Pvt. Ltd. ..Respondent WITH INTERIM APPLICATION (L) NO.12352 OF 2023 IN COMMERCIAL ARBITRATION PETITION (L) NO.7555 OF 2023 Vast India Pvt. Ltd. .. Applicant IN THE MATTER BETWEEN Maharashtra Public Service Commission .. Petitioner Versus Vast India Pvt. Ltd. .. Respondent Mr. Ashutosh M Kulkarni a/w. Mr. Gaurav Sharma & Mr. Rushikesh Tondwalkar, Advocates for Petitioner. Mr. Suresh Dhole, Advocate for Respondent No.1. CORAM : SOMASEKHAR SUNDARESAN, J. Reserved on : January 31, 2025 Pronounced on : February 11, 2025 JUDGEMENT : Context and Background: 1. In this Petition under Section 34 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), the Petitioner, the Page 1 of 27 February 11, 2025 Shraddha CARBPL.7555.2023 -F-copy.docx Maharashtra Public Service Commission (“ MPSC”) has challenged an arbitral award dated December 16, 2022 (“Impugned Award”) passed in favour of the Respondent Vast India Private Ltd. (“Vast India”). 2. The Impugned Award has been passed under the statutory arbitration process conducted by the Facilitation Council (“ Arbitral Tribunal”) formed under the Micro, Small and Medium Enterprises Development Act, 2006 (“MSME Act”) – Vast India is a “small enterprise” for purposes of the MSME Act. 3. MPSC’s attack on the Impugned Award is based on two specific grounds that were pressed into service by Mr. Ashutosh Kulkarni, Learned Counsel on behalf of MPSC, and reduced to writing in a cogent and articulate Note on