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Supreme Court of India

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

Neutral citation
Reported as [2022] 19 S.C.R. 1094
Bench Uday Umesh Lalit and Bela M. Trivedi JJ.
Decided 31 October 2022

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the foregoing conclusion arrived at by us to the effect that the Facilitation Council shall have the jurisdiction to proceed with the reference made by the party in respect of the dispute covered under Section 17 of the MSMED Act, 2006 despite the existence of an independent arbitration agreement between the parties.

Judgment, page 39

From the headnote

Arbitration and Conciliation Act, 1996 – s.37 – Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) – Whether the provisions of Chapter-V of the MSMED Act, 2006 would have an effect overriding the provisions of the Arbitrat ion Act, 1996? – Held :One of principles of statutory interpretati on relevant for our purpose is contained in the Latin maxim “leges posteriors priores contrarias abrogant” (the later laws shall abrogate earlier contrary laws) – Another relevant rule of construction is con tained in the maxim “generalia specialibus non derogant” (General laws do not

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 1 distinguished · 2 referred to

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