Tag: MSMED Act

SARFAESI Act Prevails Over MSMED Act: Supreme Court

Wednesday January 11, 2023. BY Arjun Sathees and Abdullah Qureshi | Debt Recovery

The Supreme Court’s Division Bench comprising of Justice M.R. Shah and Justice Krishna Murari in Kotak Mahindra Bank Limited vs Girnar Corrugators Pvt. Ltd1, vide judgment dated 05.01.2023, held that Micro, Small and Medium Enterprises

SUPREME COURT: MSMED Act, 2006 being special statute shall prevail over Arbitration Act, 1996 in case of apparent conflict: “generalia specialibus non derogant” (General laws do not prevail over Special laws)

Tuesday November 8, 2022. BY | Arbitration and Conciliation

The Hon’ble Supreme Court in its landmark judgment dated 31st October 2022 clarified that the Micro, Small, and Medium Enterprises Development Act, 2006 (“MSMED Act, 2006”) is a special law. It has an effect overriding

MATTERS CAN BE REFERRED TO ARBITRATION UNDER MSMED ACT, THOUGH THERE IS NO PRIOR ARBITRATION AGREEMENT

Thursday June 16, 2022. BY | Arbitration and Conciliation

The Punjab and Haryana High Court bench comprising Justice Lisa Gill in a recent judgment1 held that even though there is no arbitration agreement between the parties, the dispute can be referred to arbitration as