Shree Electricals & Engineers (India) Pvt. Ltd. ...Respondent Mr. Akash Menon a/w. Mr. Kalash Bakliwal for the appellant. Mr. Mandar Limaye a/w. Mr. S.C. Wakankar, Mr. Vedant Bende for the respondent. _______________________ ADVAIT M. SETHNA, JJ. RESERVED ON : 15 January, 2025 PRONOUNCED ON: 17 March, 2025 _______________________ Judgment (Per G. S. Kulkarni, J.) 1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short "ACA") is directed against the judgment and order dated 21 July, 2023 passed by the learned District Judge No. 2 at Pune, whereby Civil Miscellaneous Application No. 343 of 2023 filed by the appellant under Section 34 of the ACA challenging an arbitral award dated 5 February 2020 passed by the Micro and Small Enterprises Facilitation Council, Pune (for short "Facilitation Council") constituted under the Micro, Small and Medium Enterprises Development Act, 2006 (for short "the MSME Act") has been dismissed on the ground that the same is filed beyond the limitation as Page 1 of 30 17 March 2025 11.ARA55_2024.DOC prescribed under subsection (3) of Section 34 of the ACA. 2. The relevant facts are: Disputes and differences had arisen between the parties under the purchase order dated 9 March, 2013. The respondent accordingly approached the Facilitation Council making a claim of an amount of Rs. 4,50,92,587/. There were attempts to bring about a settlement. In fact, a Settlement Agreement dated 16 May, 2016 was entered between the parties, however, certain dues were claimed by the respondent. The dispute hence was taken up in arbitration. The Facilitation Council adjudicated the disputes leading to an arbitral award dated 5 February, 2020 being rendered by the Facilitation Council. 3. The case of the appellant is that an award was rendered just before the Covid19 pandemic engulfed the country and consequent thereto a lockdown was declared in March, 2020. The appellant in such context has referred to an order dated 23 March, 2020 passed by the Supreme Court whereby the Supreme Court extended the period of limitation in relation to all proceedings including the arbitration proceedings. The case of the appellant is that the impugned award was made available/received by the appellant on 21 August, 2020, which itself was during the lockdown period. 4. The appellant has contended that the appellant moved a Writ Petition, Page 2 of 30 17 March 2025 11.ARA55_2024.DOC being Writ Petition No. 9317 of 2021 before this Court challenging such arbitral award passed by the Facilitation Council on the ground that initially the Facilitation Council had entertained the matter in Conciliation and hence it was not permissible for the Facilitation Council to take up the matter for arbitration relying on the decision of this Court in Gujarat State Petronet Ltd. vs. Micro and Mine Enterprises Facilitation Council 1. There were other contentions as urged on behalf of the petitioner in the said Writ Petition inter alia that the disputed amount was paid by the appellant to the respondent, hence no amount was payable. Whereas in such proceedings, on behalf of the respondents, reliance was placed on the decision of Supreme Court in ]harkhand Urja Vikas Nigam Limited vs. State of Rajasthan and Others 2, to contend that the Supreme Court had held that it is open to the Facilitation Council to take up the Arbitration proceedings after failure of the conciliation. 5. O