Ut Of Jammu And Kashmir And Others vs M/S Green Ip Services Pvt. Ltd on 24 July, 2025

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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:



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