Period of limitation which is applicable to suits before Civil Courts would be applicable to applications to be filed under S. 18(1) of Act

Citation

AIROnline 2023 TEL 49

Telangana High Court

SMT . P. MADHAVI DEVI , J.

WRIT PETITION - 27376 of 2021 D/- 6 - 3 - 2023

Narayana Educational Institutions v. The Telangana Regional Micro and Small Enterprises Facilitation Council MSEFC and Anr.

Micro, Small and Medium Enterprises Development Act (27 of 2006), S.18, S.7 - Arbitration and Conciliation Act (26 of 1996), S.34(3) - Reference - Whether limitation period was applicable

or not - Council is only an alternative to the Civil Courts as a forum for adjudication of disputes

arising out of transactions between enterprises - Period of limitation which is applicable to suits

before Civil Courts would be applicable to applications to be filed under S. 18(1) of Act - Council

is bound to consider the preliminary objection raised by petitioner regarding applicability of

limitation and take a decision on same after giving opportunity of hearing to both parties and

thereafter proceed with conciliation proceedings under S. 18(2) if required - High Court had

directed Council to take decision on objection raised by petitioner about claim being barred by

limitation. Constitution of India, Art.226, Art.227 -

AIR 2021 SC 5487-Followed

 (Paras 9 , 10 , 11)