Kolkata, March 28 -- In a significant ruling, the Calcutta High Court has declined to consider Odisha Power Generation Corporation Limited's request to annul an arbitration award.
The court emphasised that the arbitration agreement and chosen venue would not be overridden by the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act, 2006).
Odisha Power Generation Corporation Limited, as the Petitioner/Award-Debtor, sought to halt and invalidate an arbitration award issued by the West Bengal Micro Small Enterprises Facilitation Council. They argued that the arbitration agreement would be superseded by the MSMED Act, thus making Calcutta, not Odisha, the appropriate jurisdiction.
Justice Moushumi Bhattacharya's bench note...