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Section 11 of the Arbitration Act – Section 18 of MSMED Act

July 3, 2025 legaldeli

Arbitration The petitioner had supplied goods as per the purchase order dated 8.6.2018 of the respondent no.2. Various supplies were made, and invoices were raised. However, the invoices remain unpaid.

On 24.3.2023, the reference was made to the MSEF Council, Nashik. However, the Council did not act. Therefore, section 11 petition was filed.

HELD that following the decisions in Microvision Technologies Pvt Ltd Vs. Union of India (2023 SCC OnLine Bombay 1848) and Vallabha Corporation Vs. SMS India Pvt Ltd (2025 SCC Online Del 1795), a case is made out to directly appoint an arbitrator particularly when the MSEF Council has failed in its statutory mandate of initiating process for appointment of arbitrator.

Judgment dated 18.6.2025 of the High Court of Bombay in Arbitration Petition No.208 of 2023 of M.B. Sugars & Pharmaceuticals Private Limited Vs. Micro Small Enterprises Facilitation Council & Another

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