VidhiSangh

Supreme Court of India · 31/10/2022

GUJARAT STATE CIVIL SUPPLIES CORPORATION LTD. versus MAHAKALI FOODS PVT. LTD. (UNIT 2) & ANR

[2022] 19 S.C.R. 1094 · 2022 INSC 1140

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Summary

Seven appeals raised the relationship between the MSMED Act, 2006 and the Arbitration and Conciliation Act, 1996. The Supreme Court held that Chapter V of the MSMED Act, as a special and later law with non obstante clauses in Section 18(1) and (4) and Section 24, overrides the Arbitration Act. A party to a dispute over dues under Section 17 may refer it to the Facilitation Council despite an independent arbitration agreement, because a private agreement cannot override the statute. The Council may arbitrate after failed conciliation despite Section 80 of the Arbitration Act. That arbitration is governed by the Arbitration Act: the Council can rule on its own jurisdiction under Section 16, and its award is challenged under Section 34. A seller registered only after contracting is not a "supplier" for earlier supplies, and its registration operates prospectively.

Issues

  1. Whether Chapter V of the MSMED Act, 2006 overrides the Arbitration and Conciliation Act, 1996, so that a party may refer a dispute over dues under Section 17 to the Facilitation Council despite an independent arbitration agreement.
  2. Whether a Facilitation Council that conducted conciliation under Section 18(2) may itself arbitrate despite Section 80 of the Arbitration Act, and how its jurisdiction and awards are to be questioned.

Provisions considered

Held

Result

Of the seven appeals, two were allowed, setting aside Bombay High Court orders that had barred Council proceedings because of arbitration agreements; one was disposed of by setting aside the finding that the Council could not itself arbitrate after conciliation; and four were dismissed, upholding the Council's jurisdiction and the Section 34 route.

Judgment PDF: Supreme Court of India, [2022] 19 S.C.R. 1094.