04/09/2024

Whether non-compliance of Section 18(2) of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) would vitiate an award passed? | Is the provision of Section 18 a mandatory provision? – Deccan Power Products Pvt. Ltd. Vs. Hyderabad Metro Water Supply and Sewarage Board and Ors. – Telangana High Court

Hon’ble Telangana High Court held:

(i) Because of non-compliance of the statutory requirement as is envisaged under Section 18, particularly Section 18(2) and Section 18(3), the award at the first instance if any passed would stand vitiated.
(ii) Section 18 being a mandatory provision and those provisions needs to be adhered to. Non-adherence of the requirement under Section 18, particularly Section 18(2) and Section 18(3), the award passed in contravention to the mandatory provisions becomes nullity and void ab initio.

Whether non-compliance of Section 18(2) of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) would vitiate an award passed? | Is the provision of Section 18 a mandatory provision? – Deccan Power Products Pvt. Ltd. Vs. Hyderabad Metro Water Supply and Sewarage Board and Ors. – Telangana High Court Read Post »

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