Dec 31, 2022

SC Holds That Provisions of MSMED Act Would Override Provisions of Arbitration Act

The SC in Gujarat State Civil Supplies Corpn. Ltd. v. Mahakali Foods (P) Ltd.,[1] held that the provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (‘MSMED Act’) being a special law, will prevail over the provisions of the Arbitration and Conciliation Act, 1996 (‘Arbitration Act’), being a general law. The Court held that even if the Arbitration Act is treated as a special law, MSMED Act having been enacted subsequently in point of time i.e., in 2006, would have an overriding effect.


[1] Gujarat State Civil Supplies Corpn. Ltd. v. Mahakali Foods (P) Ltd., 2022 SCC OnLine SC 1492.




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