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HC can appoint Arbitrator if mediation is not initiated under MSMED Act

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In this case, on 16.5.2024 the petitioner registered under the MSMED Act made reference of mediation to the Facilitation Council.   However, there was no response from the Council till the judgment of the High Court.   Therefore, the petitioner filed Section 11(6) petition for appointment of Arbitrator.

HELD that section 11(6) petition is maintainable since clause [c] of sub-section (6) of Section 11 provides for appointment of an arbitrator where a person including an institution fail to perform any function entrusted to him or it under that procedure, a party may request the High Court to take necessary measure.

Judgment dated 17.3.2025 of the High Court of Delhi in ARB.P.1119/2024 of   of M/s. Vallabh Corporation   Vs.  SMS India Pvt Ltd.

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