Disposed

M/S.Nalco,Bhubaneswa v. Manoj Ku.Panda andORS

Orissa HC6 Apr 2016WP(C)/6979/2012

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition by directing the Micro & Small Enterprisers Facilitation Council to expeditiously dispose of all pending applications, including those on arbitration maintainability and jurisdiction, preferably within six months.

What did the court decide?

Direction to the Micro & Small Enterprisers Facilitation Council to dispose of pending applications and arbitration proceedings within six months.

M/S.Nalco,Bhubaneswa Vs Manoj Ku.Panda andORS — Consumer Protection | Orissa HC (2016)

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 W.P.(C) No.6979 of 2012

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 Misc. Case No.6107 of 2012

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20. 06.4.2016 Heard learned counsel for the parties.

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 This writ petition has been filed challenging the arbitration proceeding pendi
ng before the Micro & Small Enterprisers Facilitation Council (opposite party no.2).
 Learned counsel for the petitioner submits that in the pending arbitration pro
ceeding, the petitioner has filed an application with regard to the maintainability of the arb
itration proceeding before the said Council, which is pending till date. It is further submit
ted that another application has also been filed with regard to the subsequent filing of a fre
sh claim statement by the claimant-opposite party no.3 under the MSME Act. It is accordingly
submitted that a direction be issued for expeditious disposal of the applications pending befo
re the Council.

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 Learned counsel for opposite party nos.3 and 5 submits that he has no objectio
n if a direction is issued to the Council to dispose of the pending applications expeditiously
 and so also arbitration proceeding within a stipulated period.
 Opposite party no.1, who appears in person submits that there is a serious dis
pute as to who is the actual Director of the claimant Company.
 Considering the submissions made and keeping in view the limited nature of gri
evance, this writ petition is disposed of directing the Micro & Small Enterprisers Facilitatio
n Council (opposite party no.2) to consider all the pending applications, including the applic
ations filed by the petitioner with regard to the maintainability of the arbitration proceedin
g and jurisdiction and dispose of the proceeding as expeditiously as possible, preferably with
in a period of six months from the date of receipt of certified copy of this order.
 Interim order dated 18.4.2012 stands vacated.
 Misc. Case is accordingly disposed of.
 Issue urgent certified copy as per rules.

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mp

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M/S.Nalco,Bhubaneswa v. Manoj Ku.Panda andORS

Case brief

What is this about?

What did the court decide?

M/S.Nalco,Bhubaneswa v. Manoj Ku.Panda andORS

Case brief

What is this about?

What did the court decide?

What the court decided

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