CS Professional · Arbitration, Mediation and Conciliation · Introduction to Conciliation and its Importance for MSMEs
Mehta Components, a micro enterprise, makes a reference to the MSE Facilitation Council on 1 March. Conciliation fails and the matter goes to arbitration under Section 18(3). Which statement is correct about the time limit under Section 18(5)?
Every reference under Section 18 must be decided within ninety days from the date of making the reference. The period is counted from the reference itself, not from the failure of conciliation, and the Act does not exclude references that move to arbitration.
- AEvery reference made under the section must be decided within ninety days from the date of making the referenceCorrect
- BThe time of ninety days begins only when conciliation fails
- CThe Council has one hundred and eighty days from the date of the reference
- DNo time limit applies because arbitration is involved
Explanation
Section 18(5) says every reference made under this section must be decided within ninety days from the date of making the reference. The period runs from the reference, not from the termination of conciliation. It covers the reference as a whole, so the conciliation-then-arbitration route does not extend it by wording.
Did you get it right without looking?
One question tells you little. A timed set on Introduction to Conciliation and its Importance for MSMEs shows your real accuracy, how long you take and where you lose marks.
More Introduction to Conciliation and its Importance for MSMEs questions
- Conciliation between Bharat Packaging and Nila Logistics ends under section 76 with no settlement. The conciliator had received Rs 40,000 fr…
- In a conciliation between Rao Pharma Ltd and Iyer Logistics, the conciliator, soon after appointment, asks each party for a brief written st…
- Sunrise Packaging, a small supplier in Pune, supplied goods to Vardhan Retail Ltd, a buyer in Chennai. The payment is overdue, and Sunrise w…
- Kaveri Foods and Ramesh Traders are conciliating. Kaveri Foods sends a written declaration to Ramesh Traders and to the appointed conciliato…
- Verma Auto Parts, a micro enterprise, makes a reference to the Facilitation Council on 1 March. Conciliation by the Council ends without set…
- Anil Metals invites Gopal Steels in writing to conciliate. Gopal Steels never replies. After thirty days Anil Metals wants to treat the sile…