Tag: MSMED Act

Whether the restructuring process as contemplated in the Notification dated 29th May 2015 issued by the Ministry of Micro, Small and Medium Enterprises (MSME) is directory or mandatory.

Whether the restructuring process as contemplated in the Notification dated 29th May 2015 issued by the Ministry of Micro, Small and Medium Enterprises (MSME) is directory or mandatory.

Thursday August 29, 2024. BY Samuel Abraham and Vaibhav Dash | Insolvency & Bankruptcy

Introduction The Hon’ble Supreme Court of India, in a recent landmark decision passed vide Order dated 01.08.2024 in the matter of Pro Knits v. Board of Directors of Canara Bank[i], addressed a crucial issue regarding

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