M/s Ekta Telecommunication Systems ... .... Respondent For the UOI : Mr. Anil Kumar, Addl. S.G.I. Mr. Pratyush Kumar, C.G.C. For the Respondent : M/s Vikash Pandey & Rakhi Sharma, Advocates C.A.V. ON 09.11.2022 PRONOUNCED ON 30 .11.2022 1. The instant writ application has been preferred for quashing the order dated 31.01.2020 passed in Commercial Revocation (Arbitration) Case No. 04/2019 passed by Commercial Court, Ranchi and also for setting aside the award dated 18.05.2012 passed by Director of IndustriesCum Chairman, Jharkhand Micro and Small Enterprise Facilitation Council (MSEFC). 2. The respondent supplied, installed and commissioned 282 numbers of UPS against quota of 106 numbers each pertaining to LJN and BSB divisions. It was found that 31 numbers were not functional and out of 92 numbers of UPS, 28 numbers of UPS were nonfunctional and the same was informed to opposite party in writing. 3. Payment for supply of 22 numbers of UPS could not be made as those UPS were not successfully supplied, installed and commissioned. 4. Jharkhand Micro and Small Enterprises Facilitation Council, Jharkhand vide its decision/order dated 18.05.2012/19.06.2012 held that the first party was entitled to get outstanding principal amount of Rs.8,83,861/ and interest for delay in payment of the material supplied to the respondent and to pay outstanding principal amount plus interest on delayed payment at three times bank rate, notified by Reserve Bank in terms of Section 16 of MSMED Act, 2006 till payment is made. 5. The award of the Council was challenged in W.P. (C) No.6876 of 2012 which was dismissed vide order dated 29.4.2013.The order was challenged in L.P.A. No. 200 of 2013 in which vide order dated 25.03.2014 liberty was given to the petitioner to challenge the award 2 under Section 34 of the Arbitration and Conciliation Act before the competent trial Court. 6. The petitioner preferred Misc. Case No. 11 of 2014 which was subsequently renumbered as Commercial Revocation (Arbitration) Case No. 04 of 2019 but the learned Civil JudgeI, Senior Division, Saraikella in Execution Case No. 11 of 2012 passed an order dated 24.07.2014 which on challenge was quashed vide order dated 04.12.2018. 7. M/s Ekta Telecommunication Systems raised question of limitation in 2019 after four years of registration of Misc. Case No. 11 of 2014 which was rejected, which was unsuccessfully challenged in W.P.(C) No. 5988 of 2015. 8. Against this, L.P.A. No. 124 of 2019 was preferred in which interalia the ground of limitation was taken. The petitioner relied on the ratio of the Judgment of the Hon'ble Apex Court in Simplex Infrastructure Ltd. Vs UOI (2019) 2 SCC 455 which was disposed of with the liberty given to the petitioner to reagitate the issue of limitation before the Court below. It was also observed that although the Trial Court had adjudicated the matter, but the Court below had genuine difficulty, in view of the liberty given to the Respondent to file application. 9. It was against this backdrop that the petitioner filed the commercial revocation case no.4/2019 before the learned Court below and reagitated the issue of limitation. Learned Court below held that petition for setting aside the award under Section 34 of the Act was time barred and therefore it was dismissed. ARGUMENT OF THE PETITIONER 10. The impugned order has been assailed mainly on the ground that the award passed by the panel of nine arbitrators was passed without jurisdiction and therefore was a nullity. The dispute in hand was pari materia the judgment and order passed on 3.1.2022 in LPA no.230 of 2019 by this court. 11. It is submitted by Mr. Anil Kumar, Addl. S.G.I. appearing on behalf of Union of India, that the Award of Jharkhand Micro and Small Enterprises Facilitation Council, Jharkhand passed under Section 21 of the Act was without jurisdiction. The composition of the Council has been specifically