Chhattishgarh State Power Distrubution Company Ltd. v. Rajasthan Micro And Small Enterprises Facilitation Council

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1367 of 2017 Chhattishgarh State Power Distribution Company Ltd. (C.S.P.D.C.L.) Through Its Chief Engineer, (Store & Purchase) Block No.6, Vidhut Sewa Bhawan, Daganiya, Raipur, District Raipur, Chhattisgarh ---- Petitioner

Versus

1. Rajasthan Micro & Small Enterprises Facilitation Council Through The Chairman Commissioner Of Industries, Udhyog Bhawan, Tilak Marg Jaipur, District Jaipur (Rajasthan)

2. M/s Fatehpuria Transformers & Switchgears Pvt. Ltd. Jaipur Through Its Director M.S. Fatehpuria, P.O. Machwa, Kalwar Road Jaipur District Jaipur (Rajasthan) ---- Respondents For Petitioner :

Mr. Jitendra Nath Nande, Advocate For State :

Mr. Dheeraj Wankhede, G.A.

S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 15/05/2017 Heard.

1.

This petition has been filed by the petitioner assailing correctness and validity of a letter issued on 10.04.2017 by the Rajasthan Micro & Small Enterprises Facilitation Council.

2.

Learned counsel for the petitioner submits that at this stage, conciliation proceeding are pending, however, the Council has issued a letter that either parties should submit a consent letter failing which arbitration award would be passed on the next date.

3.

According to the scheme of the Micro, Small and Medium Enterprises Development Act, 2006, Section 18 (4) shows that in the matter of such a dispute, the Micro and Small Enterprises Facilitation Council within whose jurisdiction supplier is located within its jurisdiction to entertain the dispute. 4.

The letter has been issued by the Rajasthan Facilitation Council. The petition is not maintainable for want of territorial jurisdiction and is accordingly dismissed. Sd/- (Manindra Mohan Shrivastava) Judge Rekha