Principal General Manager, Bsnl Bharat Sachar Nigham Ltd. And ANR. v. M/S. Roshan Enterprises Through Its Prop. Mr. J. V. Kulkarni

k 1/1 7 car 38.14 ara 32.14 as .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.38 OF 2014 IN ARBITRATION APPEAL NO.32 OF 2014 Principal General Manager BSNL & Anr.

..... Applicants In the matter between Principal General Manager BSNL & Anr.

..... Appellants V/s M/s. Roshan Enterprises ..... Respondent Ms. Neeta V. Masurkar for Appellant.

Mr. Makarand Panchakshari for Respondent.

CORAM : A.A. SAYED, J.

DATED : 20 FEBRUARY 2015 P.C.

It is an admitted position that the transactions are of the year 2004 and there is no agreement to refer to the dispute and differences between the parties to the Arbitration. Moreover, the Micro, Small Medium Enterprises Development Act, 2006 came into force only after the transactions, therefore, the remedy under section 18 of the said Act to refer the dispute to the Micro and Small Scale Enterprises Facilitation Council would not apply. In the circumstances, there shall be a stay to the impugned order pending the hearing and disposal of the Appeal. (A.A. SAYED, J.) katkam 1/1