M S Al Karma v. Haryana Micro And Small Enterprises Facilitation Council ORS

215(U)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH **** CWP-18193-2026 (O&M) Date of Decision: 29.05.2026 M/s AL Karma

...Petitioner

Versus

Haryana Micro and Small Enterprises Facilitation Council and Others

...Respondents

CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Vishal Yadav, Advocate for the petitioner. **** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of report dated 16.10.2025 prepared by Arbitrator without considering its objections.

2.

As per pleadings, respondent No.3 filed a statement of claim under Section 18 before Haryana Micro & Small Enterprises Facilitation Council (for short 'Facilitation Council'). The matter after initial conciliation proceedings was referred to Sh. R.S. Baswana, District & Sessions Judge, (Retd.) as a Sole Arbitrator. The petitioner filed detailed statement of defence specifically raising objection regarding maintainability, jurisdiction and limitation. The Arbitrator accepted evidence of respondent No.3 by way of affidavit and closed claimant's evidence without affording opportunity to petitioner to cross-examine witnesses of the claimant. The petitioner filed an application dated 31.05.2025 under Section 24 of Arbitration and Conciliation Act, 1996 seeking permission to cross-examine claimant's witness. The Arbitrator vide order dated 21.05.2025 dismissed the said application. The petitioner PRINCE CHAWLA 2026.05.29 17:49 I attest to the accuracy and integrity of this document

CWP-18193-2026 (O&M) -2preferred an appeal under Section 19 of The Micro, Small and Medium Enterprises Development Act, 2006 (for short 'MSME Act') before learned District Judge, Faridabad which is still pending. Despite pendency of appeal against order dated 31.05.2025, the Arbitrator forwarded his report dated 16.10.2025 to Facilitation Council. The petitioner has filed detailed objections before Facilitation Council highlighting grave procedural irregularities including denial of opportunity of cross-examination.

3.

Learned counsel representing the petitioner concedes that petitioner has filed objection before Facilitation Council highlighting procedural irregularities including denial of opportunity of cross-examination.

4.

Heard the arguments and perused the record.

5.

The petitioner has filed appeal under Section 19 of MSME Act before learned District Judge, Faridabad which is still pending. The petitioner has further filed objections before Facilitation Council. This Court is sanguine that Facilitation Council would consider petitioner's objection in accordance with law. No order of this Court is warranted. 6.

Disposed of. It is hereby made clear that this Court has not expressed any opinion on merits of the case.

7.

Pending application(s), if any, shall also stand disposed of. (JAGMOHAN BANSAL) JUDGE 29.05.2026 Prince Chawla Whether Speaking/reasoned Yes/No Whether Reportable Yes/No PRINCE CHAWLA 2026.05.29 17:49 I attest to the accuracy and integrity of this document