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Executive Engineer & Ors. vs. Sachdeva Metal Works & Anr.

52.00 5.20

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Micro, Small, and Medium Enterprises Development Act, 2006–Sec. 18 –Arbitration & Conciliation Act, 1996–Sec. 34–Award by the District Level Micro & Small Enterprises Facilitation Council–Appeal against–Dismissed by the Commercial Court for lack of jurisdiction–Act of 2006 would have precedence over the Act of 1996–A private agreement between the parties also would not obliterate the statutory provisions and once the statutory mechanism u/s. 18(1) is triggered by any party, it would override any other agreement independently entered into between the parties–View taken by the Commercial Court was correct–However, appellants are granted time of three months for availing appropriate remedy.