NTPC BHEL POWER PROJECTS PRIVATE LTD vs SHREE ELECTRICALS AND ENGINEERS (INDIA) PVT. LTD

Judgment text excerpt

2025:BHC-AS:12377-DB 11.ARA55_2024.DOC Vidya Amin IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO. 55 OF 2024 NTPC BHEL Power Projects Pvt. Ltd. … Appellant Versus Shree Electricals & Engineers (India) Pvt. Ltd. …Respondent Mr. Akash Menon a/w. Mr. Kalash Bakliwal for the appellant. Mr. Mandar Limaye a/w. Mr. S.C. Wakankar, Mr. Vedant Bende for the respondent. _______________________ CORAM: G. S. KULKARNI & ADVAIT M. SETHNA, JJ. RESERVED ON : 15 January, 2025 PRONOUNCED ON: 17 March, 2025 _______________________ Judgment (Per G. S. Kulkarni, J.) 1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short “ACA”) is directed against the judgment and order dated 21 July, 2023 passed by the learned District Judge No. 2 at Pune, whereby Civil Miscellaneous Application No. 343 of 2023 filed by the appellant under Section 34 of the ACA challenging an arbitral award dated 5 February 2020 passed by the Micro and Small Enterprises Facilitation Council, Pune (for short "Facilitation Council") constituted under the Micro, Small and Medium Enterprises Development Act, 2006 (for short "the MSME Act”) has been dismissed on the ground that the same is filed beyond the limitation as Page 1 of 30 17 March 2025 11.ARA55_2024.DOC prescribed under sub-section (3) of Section 34 of the ACA. 2. The relevant facts are: Disputes and differences had arisen between the parties under the purchase order dated 9 March, 2013. The respondent accordingly approached the Facilitation Council making a claim of an amount of Rs. 4,50,92,587/-. There were attempts to bring about a settlement. In fact, a Settlement Agreement dated 16 May, 2016 was entered between the parties, however, certain dues were claimed by the respondent. The disp