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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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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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