M/S. VAISHNO ENTERPRISES Vs HAMILTON MEDICAL AG & ANR. – [2022] 1 S.C.R. 771
Date of decision : 24-03-2022 | Case Number : CIVIL APPEAL/1892/2022 | Disposal Nature : Dismissed
Judge Name: M.R. SHAH,B.V. NAGARATHNA
SUPREME COURT OF INDIA
In terms of the contract / agreement entered between the parties, the laws of India applicable at the time of contract/ agreement shall be applicable and therefore the parties shall be governed by the laws of India prevailing/applicable at the time when the contract was executed. [Para 8.2
- M/s Shilpi Industries v. Kerala State Road Transport Corporation, C.A. No.1570-78 of 2021 [2021 SCC Online SC 439]
- Shanti Conductors Pvt. Ltd. v. Assam State Electricity Board, (2019) 19 SCC 529
– referred to.
The larger question/issue whether
in a case where the buyer is located outside India but has availed the
services in India and/or done the business in India with the Indian supplier
and the contract was executed in India the MSME Act would be
applicable or not and/or another larger issue that in case the supplier is
subsequently registered as MSME the Council would still have jurisdiction
are kept open to be considered in an appropriate case bearing in mind
Section 18 as well as Section 8 of the MSME Act and the judgments of
this Court in the case of M/s Shilpi Industries vs. Kerala State Road
Transport Corporation, C.A. No.1570-78 of 2021 [2021 SCC
Online SC 439] arising under the provisions of MSME Act and Shanti
Conductors Pvt. Ltd. Vs. Assam State Electricity Board, (2019)
19 SCC 529 in which case a similar provision under the Small Scale
andAncillary Industries Undertakings,Act, 1993 came up for consideration
before this Court