The Supreme Court rules that time-barred MSE debts under the MSMED Act can be referred to conciliation but not arbitration, clarifying the applicability of the Limitation Act.
Kerala: The Kerala High Court dismissed two writ petitions filed by M/S. M.D. Esthappan Infrastructure Pvt. Ltd. and its proprietor, M.D. Esthappan. The petitions challenged the enforcement proceedings initiated by Dhanlaxmi Bank Ltd. under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).
The Supreme Court Constitution Bench will decide whether writ petitions can be filed against decisions made by the MSEFC. The MSEFC, created under the MSMED Act, deals with problems related to late payments to micro and small businesses. It acts as a semi-judicial body to help resolve disputes.
