Supreme Court of India · 2021-09-23
M/S VIJETA CONSTRUCTION vs M/S. INDUS SMELETERS LTD
- Citation / case number
- SC 2013/23067
- Court
- Supreme Court of India
- Petitioner
- M/S VIJETA CONSTRUCTION
- Respondent
- M/S. INDUS SMELETERS LTD
- Author
- A.S. BOPANNA M.R. SHAH
- Bench
- HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE M.R. SHAH
Judgment text excerpt
The Supreme Court allowed the appeal against the High Court's dismissal of a writ petition, emphasizing that the appropriate remedy for the dispute between the parties lies under Section 34 of the Arbitration and Conciliation Act, 1996. The court noted that the Facilitation Council under the MSMED Act lacks jurisdiction to conduct thorough inquiries or decide on the merits of the case, thus reinforcing the need for arbitration as the proper legal recourse.