Jabalpur Treasure Island Pvt. Ltd. & others v. State of Madhya Pradesh & others

Madhya Pradesh High Court (Single Judge)

WRIT PETITION, 369 of 2020, Judgment Date: Dec 30, 2021

Law laid down -

1. A harmonious reading of sub-section (2), (3) and (4) of S.18 of MSMED Act, 2006 clearly reveals that even if the Facilitation council has acted as a Conciliator, it can still act as an Arbitrator as provided u/s.18(4) of MSMED Act, 2006.

2. Once a notice is served on a party under s.18 of the MSME Act, it would hold good for Conciliation proceedings as also the Arbitration proceedings to be taken up by the Facilitation Council, after the Conciliation proceedings have failed and no separate notice is required to be served by the Council for initiation of Arbitration proceedings.

Jabalpur Treasure Island Pvt. Ltd. & others v. State of Madhya Pradesh & others