I.P. Mukerji, J. - (1.) A new and very interesting point of law arises in this application. The applicant is the Commissioner Health, Directorate of Health Services, Government of Madhya Pradesh, in his official capacity. Hence, for all purposes, the applicant is the Government of Madhya Pradesh.
(2.) An application (AP 553 of 2017) under Section 34 of the Arbitration and Conciliation Act, 1996 was made by that Government challenging an award dated 21st March, 2017, passed by the West Bengal State Micro Small Enterprises Facilitation Council.. This arbitration was governed by the Micro Small and Medium Enterprises Development Act, 2006 (the 2006 Act).
(3.) The Arbitration commenced after coming into force of the Arbitration and Conciliation Amendment Act, 2015 on 23rd October, 2015. The said Act, after the amendment applied to this Arbitration.;