Msme act 2006

Querist : Anonymous (Querist) 13 November 2011 This query is : Resolved
BUYER IN KOLKATTA. SELLER IN ANDHRA PREADESH. BUSINESS TRANSACTION OCCURED IN KPLKATTA. SELLER GOT JUDGEMENT IN HIS FAVOUR IN MSME ANDHRA PREADESH ARBITARY COUNCIL. KINDLY HELP IF THE BUYER CAN FILE WRIT APPEAL AGAINST THE JUDGEMENT IN KOLKATTA WHERE THE TRANSACTION OCCURED?

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ajay sethi (Expert) 13 November 2011
if seller got judgement in his favour in andhra pradesh appeal has to be filed in AP only

Querist : Anonymous (Querist) 13 November 2011
IT IS A COUNCIL AND JUDGE IS NOT A LAWYER AND HE IS INDUSTRY SECRETARY PROBABLY IAS OFFICER. THERE IS NO LAND OF LAW APPLIED AND IT IS A ARBITARY DECISION AS PER PROVISION GIVEN IN THE ACT. IN SUCH CASE I HEARD WRIT CAN BE FILIED ANYWHERE IN INDIA. IS IT TRUE?

Arun Kumar Bhagat (Expert) 13 November 2011
In spite of that appeal has to be filed in AP only.

Raj Kumar Makkad (Expert) 13 November 2011
Now you have started couting disqualifications of such arbitrator when decision was given against you. Why did you take part in arbitration proceeding when you did know his limitations?

You have no other options but to file appeal before High Court of AP.