Disposed

Artcad Systems, Thr.Its. Porp. Mr. Vinay D. Shende v. the Secretary,Micro Small and Medium Enterprises Facilitation Council(and Joint Director) and Anr.

Bombay HC17 Nov 2017ARP/150/2017

Case brief

AI extract

What is this about?

The High Court revived discontinued arbitration proceedings between Artcad Systems and the Micro Small Enterprises Facilitation Council. Directing the petitioner to file the statement of claim within two weeks, the court accepted undertakings from both parties to remain present and direct a meeting within four weeks.

What did the court decide?

Arbitration proceedings revived; petitioner to file statement of claim within two weeks; council to hold meeting within four weeks.

Artcad Systems, Thr.Its. Porp. Mr. Vinay D. Shende Vs the… — Arbitration | Bombay HC (2017)

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40.arpl.20093.1997.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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ARBITRATION PETITION (LODG.) NO. 20093 OF 2017

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Artcad Systems, through its Prop. Mr.Vinay D. Shende Vs. The Secretary, Micro Small and Medium Enterprises Facilitation Council & Anr.

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.. Petitioner

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.. Respondents

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Mr.Avinash Hari Fatangare for petitioner. Mr.Prabhanjan Gujar for respondent no.2.

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CORAM : K.R.SHRIRAM, J. DATE : 17^TH NOVEMBER 2017

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P.C.

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1 The matter was heard for some time. During the course of hearing, counsel for respondent no.2 brought to the attention of this Court an order sheet dated 29^th July 2017 in the arbitration proceedings before the Councilrespondent no.1, in which it has been recorded that since petitioner was absent on three occasions and even on 29^th July 2017, the Council has decided to close the matter and inform accordingly.

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2 It should be noted that the Court, in its order dated 28 July 2017 had directed respondent no.1 to adjourn the proceedings before it beyond 8^th September 2017. Therefore, I agree with counsel for petitioner that the order dated 28^th July 2017 could not have been passed by respondent no.1.

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Shraddha Talekar PS

40.arpl.20093.1997.doc

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3 Shri Fatangare for petitioner and Shri Gujar, for respondent no.2, after taking instructions from their respective clients who are present in Court, jointly request the Arbitration proceedings that was going on before Micro Small and Medium Enterprises Facilitation Council be revived and further directions be issued by the Court. The following order is therefore passed :

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(i) Arbitration proceedings that was going on before Micro Small and Medium Enterprises Facilitation Council is revived. (ii) Petitioner shall, within two weeks from today, file the statement of claim along with compilation of documents and serve a copy thereof upon respondent no.2.

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(iii) The Facilitation Council to call for a meeting to decide further course of action to be taken and hold this meeting within four weeks from today.

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(iv) The undertaking of petitioner and respondent no.2 that they shall not seek any adjournment at any point of time and shall remain present before the Council either in-person or through an Advocate on all dates is accepted.

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4 Petition accordingly disposed.

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Notwithstanding disposal of the petition, all office objections to be

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removed and the arbitration petition to be numbered within two weeks from today.

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(K.R. SHRIRAM, J.)

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2/2

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Shraddha Talekar PS

Artcad Systems, Thr.Its. Porp. Mr. Vinay D. Shende v. the Secretary,Micro Small and Medium Enterprises Facilitation Council(and Joint Director) and Anr.

Case brief

What is this about?

What did the court decide?

Artcad Systems, Thr.Its. Porp. Mr. Vinay D. Shende v. the Secretary,Micro Small and Medium Enterprises Facilitation Council(and Joint Director) and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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