sk 1 wp7269.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.7269 OF 2011 WITH CIVIL APPLICATION NO.1855 OF 2011 In WRIT PETITION NO.7269 OF 2011 S.I. Group India Limited & Anr. : Petitioners V/s. Micro and Small Enterprises Facilitation Council, Konkan Region, Thane & Ors. : Respondents .... Mr.V.R.Dhond, Senior Advocate, with Ms Farzana Behramkamdin i/b. M/s.FZB & Associates for the petitioners. Ms M.P.Thakur, Asstt. Govt. Pleader for resp. nos.1 & 3. Mr.K.R. Belosey for respondent no.2. Mr.Nazir Hussain M.H. Shaikh, Industries Officer (present). .... CORAM : S.A. BOBDE AND SMT.V.K.TAHILRAMANI,JJ. DATE : NOVEMBER 16, 2011. P.C.: Rule, returnable forthwith. The learned counsel for the respective respondents waive service. Heard finally by consent of parties. sk 2 wp7269.11 2. After hearing the matter for sometime, the following order is passed by consent: The impugned decision dated 28.7.2011 is hereby set aside. The matter is remanded back to the Facilitation Council for proceeding afresh under section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 read with the Rules. The Council shall be at liberty to initiate conciliation afresh or may choose to enter upon arbitration itself or send the matter for arbitration to some other body or authority in accordance with section 18 of the Act. We direct that having regard to the principles underlying section 80 of the Arbitration and Conciliation Act, 1996, the Conciliator shall not act as an Arbitrator. 3. Rule made absolute in the above terms. 4. In view of the order passed in the Writ Petition, Civil Application does not survive and the same stands disposed of. (S.A. BOBDE, J.) (SMT.V.K.TAHILRAMANI,J.)