M/S. VAISHNO ENTERPRISES Vs HAMILTON MEDICAL AG & ANR. – [2022] 1 S.C.R. 771

[advtanmoy]

Micro, Small and Medium Enterprises Act, 2006 – s.18 and s.2(n) r/w s.8 – Contract / agreement between appellant- a firm engaged in consultancy services to foreign medical equipment companies, and respondent No.1- a company registered under the laws of Switzerland-having its office at Bonaduz, Switzerland and is
a manufacturer and supplier of critical care ventilation solutions for a variety of patient segments, applications and environments across the world. -s.18 and
s.2(n) r/w s.8 – Contract / agreement between appellant- a firm
engaged in consultancy services to foreign medical equipment
companies, and respondent No.1- a company registered under the
laws of Switzerland, having its office in Switzerland and engaged
in manufacturing and supply of critical care ventilation solutions –
Dispute between appellant and respondent no.1 – Jurisdiction of
Micro and Small Medium Enterprises Facilitation Council to
entertain the dispute – Micro, Small and Medium Enterprises Act, 2006 – s.18 and
s.2(n) r/w s.8 – Contract / agreement between appellant- a firm
engaged in consultancy services to foreign medical equipment
companies, and respondent No.1- a company registered under the
laws of Switzerland, having its office in Switzerland and engaged
in manufacturing and supply of critical care ventilation solutions –
Dispute between appellant and respondent no.1 – Jurisdiction of
Micro and Small Medium Enterprises Facilitation Council to
entertain the dispute – Held: On facts, in terms of the contract /
agreement in question, the parties were governed by the laws of
India prevailing/applicable at the time when the contract was
executed – When the contract / agreement was entered into, the
appellant was not a registered MSME – Appellant was registered as
MSME only after the contract / agreement was executed – The
parties, therefore, would not be governed by the MSME Act – The
Micro and Small Medium Enterprises Facilitation Council, thus,
had no jurisdiction to entertain the dispute between appellant and
respondent no.1, in exercise of powers u/s.18 of the MSME Act.

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