Supreme Court of India
M/s. Silpi Industries Etc. v. Kerala State Road Transport Corporation & Anr. Etc.
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2 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that MSMED Act, being a special Statute, will have an overriding effect vis- à-vis Arbitration and Conciliation Act, 1996, which is a g eneral Act.
Judgment, page 28
From the headnote
Limitation Act, 1963: Applicability to proceedings under AC Act, 1996 arising out of MSMED Act, 2006 – Held: Limitation Act is applicable to arbitration covered by s.18(3) of the MSM ED Act, 2006 – Arbitration and Conciliation Act, 1996 – Micro, Sma ll and Medium Enterprises Development Act, 2006 – s.18(3). Micro, Small and Medium Enterprises Development Act, 2006: s.18(3) – Maintainability of counter claim in arbitration proceedin gs initiated as per s.18(3) of MSMED Act – Held: In view of s.23(2A) of AC Act, 1996, counter claim/set off is maintainable – rbitration and Conciliation Act, 1996
Authorities it was built on
Where later benches applied it
- 2025 M/s Sonali Power Equipments Pvt. Ltd. v. Chairman, Maharashtra State Electricity Board, Mumbai & Ors.
- 2025 Nbcc (india) Ltd. v. The State of West Bengal & Ors
Of those, 1 distinguished · 1 referred to
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