AWARD BY THE DISTRICT LEVEL MICRO AND SMALL ENTERPRISES
FACILITATION COUNCIL, LUDHIANA ~~ - ~
(A Quast Jusicial Authority duly Established by The Punjab state Government with due Notification. as per
‘visions of Micro Small & Medium Enterprises Development Act 2006)
Reference No. : MSEFC/DIC/LDH/01//20/543
Temp. Online No.: PB12B0004076/S/00001
Date of Filing : 22-01-2020
Date Of Award =: 05-10-2023
M/s Sarpanch Industrial Corporation # B-XXIX-536-
E/2-R, Industrial Area- C, Sua Road, Ludhiana.
claimant
v/s
M/s HI Bird Global Industries # E 650, Phase -V
Focal point Ludhiana-141010.
----Respondent
On last Proceeding
Present/Attended for Claimant: No Body Attended
Present for Respondent: Adv. Jatinder Sharma
Place Of Proceedings Conducted:—
In the Office of ,Member Secretary DLM&SEF=
Council Cum The General Manager, District
Industries Centre, Industrial Estate ,Ludhiana
That the claimant entérprises, submitted Claim
reference / petition before this District Level
Micro and Small Enterprises Facilitation Counci
Ludhiana, herein after shall be referréd as
District Council under secti 18 (1) ‘of Miers
sm.
all Medium Enterprises Development Act (2006
against the xespondent to resolve the matter asConciliators to adjudicate as Arbitrator for
pending principal amount and also prayed for
interest there upon as per provisions of section 16
of MSME Development Act 2006
That on receipt of the reference petition various
conciliation/arbitration proceedings were conducted
by this District council, Pertinent to record that
this District Council convened consecutive
conciliation/arbitration proceeding meetings for
which proper notice were issued but even claimant
remained absent consecutively from Attending the
proceedings, without any communication to this
council, which Convened on Dated 11-05-2023, 06-
07-2023, 21-09-2023 and finally Dt. 05710-2023.
The points for determination, the decision thereon,
and the reasons/Speaking Orders for such decision: ~
Guided by principles of objectivity, fairness and
justice, full opportunity was provided by this
district council to both the parties to loud and
advance their evidences in support of, their
claims or defense respectively, to make
submissions, to submit written statement, to
adduce evidences, verbal or written arguments in
support, to be present throughout the hearing, an
ample opportunity was provided to both the parties
to test his opponent's case, for presenting..orrebutting evidence and to address oral argument.
But pertinent to record that, in spite of“issue of
notices by this district Council, even Claimant
remained absent, without seeking any leave or did
not communicate/ response to any notice issued by
this District Council, remained consecttively
absent from attending’ any proceeding meeting
conducted by this Statuary council as detailed in
preceding para.
Considering the provi
ons of section 23: &
section 25 of the Arbitration and Conciliation Act
1996 & without going on merits, the claim reference
petition. is Rejected /Dismissed in default on part
of the claimant with no costs and proceedings are
terminated. *
Place - Ludhiana
Dated: 05-10-2023
(On Leave) i
Sh. Naveen Sood sh. Himanshu Walia, Advocate
(MEMBER) (MEMBER)
OQRemt
Sh. Rakesh Kumar Kansal sh. edt Singh
(Mem. Sec Cum GM, DIC, Ldh) (MEMBER Cum LDM-Ldh)
Bn
sme. Surabhi w&iik, IAS
CHAIRMAN DLMSEFC cum DC, Ldh