Ms Kailas Engineering System v. Micro And Small Enterprises, Facilitation Council

32.CP.94.2024(1).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.94 OF 2024 M/s. Kailas Engineering Systems ....Petitioner

Versus

Micro And Small Enterprises, Facilitation Council & Anr.

....Respondents Mr. Aseem Naphade a/w. Manthan Yadav i/b. V.V. Krishnan, Advocates for Petitioner.

Ms. Shilpa Talhar, AGP for Respondent No.1.

Mr. Sanjay D. Bangar, Member Secretary, MSEFC. CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : JULY 17, 2025 ORDER :

1.

On July 3, 2025 the statement made on behalf of the Micro and Small Enterprises Facilitation Council, Mumbai ("MSEFC") that arbitration proceedings have been convened and conciliation attempts have failed was recorded. However, there appears to be no formal communication to the Petitioner about conciliation having failed and arbitration having commenced.

2.

In these circumstances, Respondent No.1 is directed to formally communicate to the Petitioner that the attempts at conciliation have JULY 17, 2025 Aarti Palkar

32.CP.94.2024(1).doc come to an end and arbitration is meant to commence with the statutorily deemed arbitration agreement under Section 18(3) of the Arbitration and Conciliation Act, 1996, ("the Act") having come to effect. Such communication shall be issued within a period of one week from the upload of this order.

3.

In these circumstances, this Petition is finally disposed of. List on September 11, 2025 for reporting compliance. 4.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] JULY 17, 2025 Aarti Palkar