Dispute Resolution & Arbitration

Gujarat State Civil Supplies Corporation Ltd v. Mahakali Foods Pvt Ltd (Unit 2) & Anr

Background facts

• In the present case, seven appeals varying in facts but revolving around a common question of law were heard together, with the lead case filed by Gujarat State Civil Supplies Corporation Ltd (Appellant) against Mahakali Foods Pvt Ltd (Respondent).
• The Appellant, by way of a First Appeal, had challenged the Order dated August 20, 2018 passed by the Commercial Court, Ahmedabad in Commercial Civil Misc. Application No. 54/2016 filed under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) read with Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), whereby the Commercial Court had confirmed the award made by the Madhya Pradesh Micro and Small Enterprises Facilitation Council, Bhopal, holding that the provisions of MSMED Act, 2006 had an effect overriding the provisions of the Arbitration Act and that