Date: 8th April, 2025.
Appearance:
Mr. Suddhasatva Banerjee, Adv.
Mr. Debraj Sahu, Adv.
Ms. Labanyasree. Sinha, Adv.
Ms. Antara Biswas, Adv.
…for petitioner.
The Court:- This is an application under Section 9 of the Arbitration and
Conciliation Act, 1996. This Court is of the view that the application is not
maintainable, as the petitioner had filed an application under Section 18 of the
MSME Act. At this stage, Mr. Banerjee submits that the application be
withdrawn with liberty to file afresh. This Court is of the view that upon failure
of conciliation, the Arbitration and Conciliation Act, 1996 applies to a
proceeding under the MSME Act, under Section 18 (3) of the said Act. The
Council or such other institute appointed by the Council is to initiate an
arbitral proceeding, upon failure of conciliation. Section 18 (unamended) of the
MSME Act is quoted below:-