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As per case facts the appellant a small-scale industry sought recovery of delayed payments for transformers supplied between - by filing a reference in - under the Act which was
...continued under the MSMED Act The High Court disallowed the claim holding that the Limitation Act applied to conciliation arbitration under the MSMED Act and time-barred claims couldn't be entertained leading to the appeal The question arose whether the Limitation Act applies to conciliation and arbitration proceedings under Section of the MSMED Act and if time-barred debts can be referred to these processes Finally the Supreme Court held that the Limitation Act does not apply to conciliation under Section of the MSMED Act and time-barred claims can be referred to conciliation as the right to recover the debt subsists However the Limitation Act does apply to arbitration proceedings under Section of the MSMED Act by virtue of Section of the ACA and the application of Section on extending the limitation period based on disclosure is a case-to-case matter
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