The restoration and conversion of legal proceedings initiated by an Association of Small Enterprises against certain respondents for delayed payments. Initially, the association filed a Writ Petition seeking relief for interest on delayed payments. Later, they withdrew the petition with the liberty to revive it if the proceedings under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) were deemed not maintainable. The association then pursued proceedings under the MSMED Act, which ultimately resulted in a decision that they did not qualify as a supplier under the Act. Consequently, they sought restoration of the original Writ Petition and its conversion into an application under Section 34 of the Arbitration and Conciliation Act, 1996.
Background: The petitioner, an Association of Small Enterprises, supplied conductors to the respondents, who failed to make timely payments. Consequently, the association filed a Writ Petition seeking relief.
Withdrawal and Liberty: The association withdrew the Writ Petition with liberty to revive it if proceedings under the MSMED Act were found not maintainable.
Proceedings under MSMED Act: The association pursued proceedings under the MSMED Act, resulting in a decision that they did not qualify as a supplier under the Act.
Application for Restoration: The association sought restoration of the original Writ Petition based on the previous court order and the decision under the MSMED Act.
Conversion into Section 34 Application: The association also sought to convert the restored Writ Petition into an application under Section 34 of the Arbitration and Conciliation Act, 1996.
Court's Decision on Restoration: The court decided to restore the original Writ Petition, considering that the conditions specified in the previous court order for revival were satisfied.
Court's Decision on Conversion: However, the court rejected the request to convert the restored Writ Petition into an application under Section 34 of the Arbitration and Conciliation Act, 1996. The court reasoned that since there was no arbitral award at the time of the Writ Petition's disposal, it couldn't be converted into a Section 34 application.
Final Order: The court restored the original Writ Petition but rejected the request for its conversion into a Section 34 application.
Case Title: Maharashtra Conductors Association,Ors. Versus State of Maharashtra Ors.
Citation: 2024 Lawtext (BOM) (5) 111
Case Number: INTERIM APPLICATION NO.775 OF 2023 IN INTERIM APPLICATION NO.2449 OF 2022 IN WRIT PETITION NO.2409 OF 2003 WITH INTERIM APPLICATION NO.2449 OF 2022 IN WRIT PETITION NO.2409 OF 2003
Advocate(s): Mr. Sudhir Voditel with Mr. Sarthak Utangle i/by. M/s. Utangale & Co. for the Applicants. Mr. Mohit Jadhav, Addl. G. P. for Respondent No.1 (State). Mr. Anuj Jaiswal i/by M/s. Little & Company for Respondent Nos.2 & 3.
Date of Decision: 2024-05-10
