Sowil Limited v. Chief Engineer (Mmrda) Mumbai Metropolitan Regional Development Authority
Case brief
What is this about?
Section 34 Arbitration and Conciliation Act 1996; Micro and Small Enterprises Facilitation Council; MSME Part-I Acknowledgment 2011; Part-II Acknowledgment 2014; work order dated 3 December 2008; services performed by March/May 2010; consortium members; segregation of share in contract monies; MMRDA; Sowil Limited; Chief Engineer MMRDA; NBCC (India) Ltd. vs. State of West Bengal; Facilitation Council award rejecting claims; no interference; dismissal; Bombay High Court Ordinary Original Civil Jurisdiction 2025; Sandeep V. Marne.
What did the court decide?
Jurisdiction of the Facilitation Council cannot be invoked where not merely the execution of the contract but the performance of the entire contract was over before the Petitioner secured Part-I Acknowledgment (2011); accordingly, the Apex Court decision in NBCC (INDIA) Ltd. relied upon by the Petitioner's counsel did not assist the Petitioner.