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No: MSME-D/MSEFC/DP-1 130' )-o 1 o

RPAD
1+1 ,l MSME COMMISSIONERdTE.
Block l-2,4th floor, MSME-D Branch.
tYg)@ Udyog Bhavan, Gandhinagar

0 7 APR 2022 Email : comm-msefc- gnr@ guj arat. eor'. in

Ph No: 079232-58379
I^? Date: \o lo) 12022

BEFORE THE MrCRO & SMAr,r, ENTERPRISES FACIL_JIAIIISALCQUNCII4

GANDHINAGAR. GUJARAT
(Constituted under Section 21 of the Micro, Small and Medium Enterprises Development Act,2006)

D.P NO 1130

g M/s. J.B.Infrastructure
Z-307 Commercial Bulding Dev Castle Govindwadi
123 FT.Ring Road Ahmedabad-382443

Claimant
Versus

M/s. Conart Engineers Limited.

Bombay Shopping Centre R.C.Dutt Road
Vadodara-390007.
..........Respondent

The Applicant M/s. J.B.Infrastructure, Ahmedabad (hereinafter referred to as "the

Claimant") has filed an application for the delayed payment before the Council, tmder Section
l8(1) of the Micro, Small and Medium Enterprises Development Act. 2006 (he:einafter
rcferreci to as ''the Act").

The claimant has filed this application for the recovery of delayed payment of Rs 48,87 ,6411-
as principle amount and Rs.18,90,715/- as interest thereon against M/s. Conart Engineers
Limited, Vadodara (hereinafter referred as "the Respondent").

The Applicant herein contents Small category status of EM2 24 007 22 042390 which was
issued on dated 0410212015. The certificate indicates that the applicant is having Service unit.
The Council, after receipt of the said application, initiated conciliation proceedings under
section 18(2) of the Act and issued notice to the respondent on 0711212020. wherein the
respondent responded through letter dated on20l0ll202l to the notice of the Council.
\
 Then after the Council issued notice to both the parties to appear before
the Council for the
hearing on l96th MSEFC meeting held on 1310712020 and 226th MSEFC
meeting held on
1510312022. wherein respondent remained present in 196th MSEFC
Meeting held before the
Council.

In l96th MSEFC Council both the parties were present before the Council. After hearing
both
the parties at length Council told both the parties to settle the matter amicably.
So on this note
Council gave one more chance to both parties to present their case before
the Council.

Council received a letter from the respondent on 1910712021. Respondent submitted

through
that letter that as per direction of Council they try to conciliate the dispute
but both the parties
could not reconcile the dispute amicably. After that on 2610712021 council
received an
application from applicant U/s 76 (d) of the Arbitration and Conciliation
Act,l996

After this application Council conducted 226th MSEFC meeting. wherein

applicant was present
before the Council and respondent was absent before the Ccuncil. After
considering the letter
from respondent and application from applicant Council decided to terminate
Conciliation
proceedings under section l8(2) of the Act in 226th MSEFC
meeting held on dated 1510312022.
council further decided to initiate proceedings under section l8(3) of the Act
before the GCCI-
ADRC and therefore, the council unanimously passed the following
order.

ORDER

Conciliation Proceeding u/s l8 (2) of the MSME-D Act 2006 are

here by terminated by the
Council by virtue of Section 76 of the Arbitration and Conciliation
Act, 1996. Council direct
both the parties to start the Arbitration proceeding u/s l8 (3)
of the MSME-D Act,2006before
the GCCI-ADRC. Council further orders that: -
o The Arbitration proceeding would be strictly conducted as per the provision
of
Arbitration and conciliation Act, 1996 andMSME-D Act,2006.
o Council reserved the right to Levy Cost on Arbitration after conducting
the Arbitration
proceeding and before passing Arbitral Award

lq/
Member Secretary, MSEFC Chairp on MSEFC
Joint Commissioner of Industries (MSMED) Com loner MSME

Shri Ambica Mills,

Gujarat Chamber Building,
Ashram Road, Ahmedabad,
Gujarat 380009