Kunal Structure (India) Pvt. Ltd. v. Prenit World Llp & ORS.

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5610/2020 KUNAL STRUCTURE (INDIA) PVT. LTD.

..... Petitioner Through:

Mr.Rajshekhar Rao, Mr.Pradhuman Gohil, Ms.Ranu Purohit, Ms.Tanya Srivastava, Mr.Upendra Sai, Mr.Siddharth, Mr.Shreeyash Lalit Advs.

versus PRENIT WORLD LLP & ORS.

..... Respondents Through:

Mr. Sahil Garg, Mr.Ankit Gupta, Advs. for R-1.

Ms.Parul Gupta, Deputy Counsel for R-3/DIAC.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 25.08.2020 This hearing has been held by video conferencing. CM No.20350/2020 (Exemption) Allowed, subject to all just exceptions.

W.P.(C) 5610/2020 & CM No.20349/2020 (Stay) 1.

This petition has been filed by the petitioner challenging the jurisdiction of the respondent no.2 under The Micro, Small and Medium Enterprises Development Act, 2006.

2.

The ground of challenge is that though the Work Order was executed on 29.11.2010 and the work completed on 03.06.2011, the respondent no.1 was registered as a Small Enterprise under the Act only on 14.10.2015.

3.

The learned counsel for the petitioner submits that such registration cannot take a retrospective effect.

4.

In view of the judgment of this Court in Godwin Construction Pvt. Ltd. and Ors. v. Tulip Contractors and Ors., MANU/DE/0413/2020, I do not find any merit in the challenge raised by the petitioner. 5.

The petition is accordingly dismissed.

NAVIN CHAWLA, J AUGUST 25, 2020/Arya