MAHANAGAR TELEPHONE NIGAM LTD vs MICRO AND SMALL ENTERPRISE FACILITATION COUNCIL AND OTHERS

Judgment text excerpt

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 08.01.2025 + W.P.(C) 115/2025 and CM APPL.436/2025 (Stay) MAHANAGAR TELEPHONE NIGAM LTD .....Petitioner Through: Mr. Chandan Kumar and Mr. Vikram Sharma, Advocates. versus MICRO AND SMALL ENTERPRISE FACILITATION COUNCIL AND OTHERS. .....Respondents Through: Dr. Anurag Kr. Agarwal, Adv. for R- 3 (through v/c) CORAM: HON'BLE MR. JUSTICE SACHIN DATTA SACHIN DATTA, J. (Oral) CM APPL.437/2025 (Exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. W.P.(C) 115/2025 3. The present petition assails an arbitral award dated 15.10.2024 passed pursuant to reference to arbitration under Section 18 of the MSMED Act 2006. An arbitral tribunal comprising of a sole arbitrator, was constituted pursuant to a communication dated 04.11.2022 addressed to the Coordinator, Delhi International Arbitration Centre (DIAC) which, inter alia, reads as under: “In accordance with the provisions of the said Act, MSEFC, District North West took up the case for conciliation proceedings in its meeting held 011 18.10.2022 and has arrived at the conclusion that both the Signature Not Verified Digitally Signed By:ROHIT W.P.(C) 115/2025 Page 1 of 7 KUMAR PATEL Signing Date:13.01.2025 22:59:55 parties do not seem to be interested for conciliation towards the disputed amount. It is felt that conciliation is not possible in this case. Therefore, the Council decided to terminate the conciliation proceedings and refer this case u/s 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006 to the Delhi International Arbitration Center (DIAC) for initiating proceedings as per the Arbitration and Conciliation Act, 1996.” 4. The learned sole arbitrator appointed by the DIAC duly conducted the arbitral pr