1 By this petition, the petitioner has assailed the award order dated
13.05.2024 passed by the Micro, Small and Medium Enterprises Facilitation
Council, Jaipur Division-II, Rajasthan, in Case No. RJ/17/S/JPQ/0078 titled M/s
Green IP Services Pvt. Ltd. vs. Director General of Police, Prisons, J&K.
2 The main issue raised in the present petition pertains to the legality
and propriety of the award passed by the Facilitation Council. However, upon
perusal of the pleadings and the impugned order, it becomes evident that the issue
sought to be agitated in the instant petition is no longer res integra. This Court has
already dealt with an identical question in the case of Union Territory of Jammu
and Kashmir vs. M/s ITL Infra Limited, decided on 21.04.2024. In the said
judgment, this Court had the occasion to consider whether a writ petition under
Article 226/227 of the Constitution of India is maintainable against an award
passed by the Facilitation Council under the MSMED Act. After a comprehensive
analysis of the statutory scheme of the MSMED Act read with the Arbitration and
Conciliation Act, 1996, and relevant precedents of the Supreme Court, this Court
held as under: