Filing writ appeal
Querist :
Anonymous
(Querist) 13 August 2011
This query is : Resolved
i am expecting judgement in MSME act 2006 case. My place is in chennai but supplier place in Andrapreadesh. As per Purchase order term any legal dispute can be solved in chennai high court juridistion only. But as per msme act 2006 Supplier can file case in his place . so the case was filed at Hyderabad and the arbitration council is expected to deliver the judgement shortly. But the act did not mention any thing about appeal juridiscation. Can i file writ appeal against the judgement in chennai high court after receipt of judgement?
if so any legal orders/powers /circulars can also be furnished please.
adv. rajeev ( rajoo )
(Expert) 13 August 2011
No you cannot file a writ in chennai. You have to file it in the AP High court itself. You want to file a writ against against the order of the arbitrator at Hyderabad
M/s. Y-not legal services
(Expert) 13 August 2011
Yes. Appeal have to file before the same court which has passed your earlier order. And your writ may be heard by single judge. But writ appeal will be hear by bench.. As rep your agreement, you should be challenged your jurisdiction.
Kiran Kumar
(Expert) 13 August 2011
Writ is not an appeal....Writ provides a scope for judicial review, if some act has not provided with an appellate remedy then certainly you can approach HC to challenge the orders.
In your case, you will have to approach AP high court.
PJANARDHANA REDDY
(Expert) 13 August 2011
PLEASE PROVIDE ME THE DETAILS, ARE U PARTICIPATED IN ARBITRATION ? ARE U AWARE OF EXPERT E /OTHER ORDERS.
THE ARBITRATOR PLACE IS ONLY JURISDICTION OF APPEAL I.E AP H.C
Saurendra Rautray
(Expert) 04 April 2013
Sir,
If you are the buyer then you have to file section 34 under the arbitration act of 1996 before the Hon'ble District judge of the the place where the suppliers unit is situated within 3 months and 30 days. No writ is maintainable under these circumstance.
Saurendra Rautray
(Expert) 04 April 2013
In case the judgement is from MSEFC in delhi, kolkkata, chennai, bombay then it shall be in the High Court having original side jurisdiction, but kindly see the pecuinary limits.
Raj Kumar Makkad
(Expert) 04 April 2013
The option of high court has already been elobrately explained above.
Saurendra Rautray
(Expert) 06 April 2013
Sir,
Section 34 has to be filed in High the Court in Delhi, Kolkatta ,Mumbai and Chennai but one has to see the pecuniary jurisdiction and in other parts of india for ex- court in chattisgarh,madhyapradesh, bihar,haryana etc etc it has to be filed in the district only having jurisdiction. The courts apart from metro cities, Section 34 has t.o be filed before District Court only
