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    <title>2017 (4) TMI 928 - Supreme Court</title>
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    <description>Rule 5 of the Madhya Pradesh Micro and Small Enterprises Facilitation Council Rules, 2006 was framed under the general rule-making power in section 30 of the MSMED Act to support speedy recovery for micro and small enterprises. It was treated as an ancillary, remedial procedure aligned with the statutory object, and the recovery mechanism as arrears of land revenue was considered a reasonable method rather than a harsh or discriminatory one. The Court also noted that the rule&#039;s recovery route and enforcement under section 36(1) of the Arbitration and Conciliation Act both serve recovery of the awarded amount, and the availability of alternative or even inconsistent remedies does not by itself create repugnancy. Rule 5 was upheld as intra vires and not violative of Article 14.</description>
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    <pubDate>Mon, 17 Apr 2017 00:00:00 +0530</pubDate>
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      <title>2017 (4) TMI 928 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=341958</link>
      <description>Rule 5 of the Madhya Pradesh Micro and Small Enterprises Facilitation Council Rules, 2006 was framed under the general rule-making power in section 30 of the MSMED Act to support speedy recovery for micro and small enterprises. It was treated as an ancillary, remedial procedure aligned with the statutory object, and the recovery mechanism as arrears of land revenue was considered a reasonable method rather than a harsh or discriminatory one. The Court also noted that the rule&#039;s recovery route and enforcement under section 36(1) of the Arbitration and Conciliation Act both serve recovery of the awarded amount, and the availability of alternative or even inconsistent remedies does not by itself create repugnancy. Rule 5 was upheld as intra vires and not violative of Article 14.</description>
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      <pubDate>Mon, 17 Apr 2017 00:00:00 +0530</pubDate>
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