M/S. Oriental Skills And Safety Services Private Limited v. National Institute For Micro, Small And Medium Enterprises

HONOURABLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.16436 of 2019 ORDER:

The case of the petitioner is that the petitioner is a Private Limited Company, which was incorporated in the year 2011 under the provisions of the Companies Act, 1956 and provides training in skill and entrepreneurship development. The respondent No.1 is an organization working under the Ministry of Micro, Small and Medium Enterprises, Government of India and is a registered society formed for undertaking training, research, Consultancy and information functions in the MSME sector. The respondent No.1 and the petitioner had agreed to collaborate and jointly participate in undertaking training sessions on entrepreneurship development all over India and entered into an agreement dated 24.04.2013.

In pursuance of the agreement, the petitioner has performed his part of the contract and the respondents are not paying the amount, the petitioner issued several letters and ultimately he has issued a legal notice dated 01.03.2019 to the respondents and the respondents replied vide notice dated 24.04.2019, but as no further action is taken on payment of the money, the present writ petition is filed.

2. Though counter affidavit is filed running in 24 pages, at some place it is stated in the counter affidavit that the enquiry is pending and in some place enquiry is completed and placed before the 2nd respondent and when there is no clarity in the counter affidavit filed by the respondents, the Director was called to the Court and he submits that enquiry is completed and enquiry

ARR,J W.P.No.16436 of 2019 report is before the 2nd respondent and they are waiting for the orders of the 2nd respondent.

3. It is to be seen that the agreement is of the year 2013 and revised agreement is on 26.04.2014.

4. In view of the above facts and circumstances, without going into the merits of the case, the respondents are directed to finally consider the case of the petitioner and pass appropriate orders and communicate the same to the petitioner whether it is entitled to any amount or not and this exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. With these observations, this Writ Petition is disposed of. No costs. Miscellaneous petitions, if any, shall stand closed. _____________________________ A. RAJASHEKER REDDY, J Date: 14.11.2019 ska