Justice Moushumi Bhattacharya Archives

Defaulting Buyers exempted from paying 3 times the Bank Interest Rate under Section 16 of the MSMED Act when supplier is ‘medium enterprise’: Calcutta High Court

“The irrationality of the quantum of the costs imposed will be considered at the time of determining whether the Award should be set aside under Section 34 of the 1996 Act.”

Case Briefs High Courts

Look out Circulars not to be issued in absence of acceptable apprehension: Calcutta High Court

LOCs not only cause immediate and irrevocable violation of a person’s fundamental right of movement but also have an inexplicably long shelf-life.

Case Briefs High Courts

Supplier can refer to MSME Facilitation Council for adjudication despite post-contract MSME registration: Calcutta High Court

“The MSMED Act of 2006 is a special statute as it was specifically enacted for facilitating the promotion and development of micro, small and medium Enterprises and enhancing their competitiveness.”

Case Briefs High Courts

Appointment of Arbitrator during pendency of reference before MSME Facilitation Council is contrary to MSMED Act: Calcutta High Court

“…being a special statute the MSMED Act will have an overriding effect vis-à-vis the Arbitration and Conciliation Act, 1996.”