Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 30 - Enterprises Facilitation Council Rules 1996 - s.36(1) 2006 ~ r.5 - Arbitration and Conciliation Act Small and Medium Enterprises Development Act Micro 2006 - ss.18 21(3) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Micro, Small and Medium Enterprises Development Act, 2006 - ss.18, 21(3), 30 - Enterprises Facilitation Council Rules, 2006 ~ r.5 - Arbitration and Conciliation Act, 1996 - s.36(1) - Arbitral award passed under 2006 Act directing appellant to pay awarded sum to respondent No.3 - Plea of appellant that r.5 of the 2006 Rules providing for recovery of amount for which an arbitral award is passed u/s.18(3) of 2006 Act, as arrears of land revenue is ultra vires and also repugnant to s.36(1) of 1996 Act as once the provisions of Code of Civil Procedure had been made applicable in view of s.36, 1996 Act,ยท recovery could be initiated only u/Or.21, CPC and not in terms of s.18(3), 2006 Act - Held: Both s.36 of 1996 Act and r.5 of 2006 Rules intend to recover the amount, though by different procedures - Though, r.5 is inconsistent with the provisions contained in s.36(1) of 1996 Act which provides recovery mechanism u/Or. 21 of CPC as a decree, but, in the matter of providing such remedies, it is open to legislate different remedies which may be inconsistent - Election of a remedy for recovery of the amount would depend upon the choice of the award-holder :-- No prejudice is caused to the judgment debtor - It is a question of electing a remedy - It is for the person to elect one of them and there is no question of repugnancy in providing such remedy - Code of Civil Procedure cannot be the only remedy and it is open to legislate recovery mechanism without interference of Civil Court - Rule 5 has been right~y enacted to ensure speedy recovery and to ensure that small, micro and medium industries do not suffer - Appellant's plea that r.5 is inconsistent and repugnant to the provisions of s.36 of 1996 Act, rejected - Appellant to deposit costs of Rs.50,0001- in Advocates-on-Record Welfare Trust - Code of Civil Procedure, 1908 - Or.21. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2017 INSC 355 |
Petitioner | Power Machines India Limited |
Respondent | State Of Madhya Pradesh & Ors. |
SCR | [2017] 6 S.C.R. 555 |
Judgement Date | 2017-04-17 |
Case Number | 5317 |
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