Womens Centre And Hospital (P) Ltd v. Micro And Small Enterprises Facilitation Council

2025:MHC:2343

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-09-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and CMP No. 827 of 2023 Women's Centre and Hospital (P) Ltd., Rep. by its Director Mr. Jayaram Govindarajan, 146-B, Mettupalayam Road, Coimbatore 600 043.

Appellant(s) Vs 1.Micro and Small Enterprises Facilitation Council Thiruvika Industrial Estate, Guindy, Chennai.

2.M/s. Ibuilding Automation (P) Ltd., Plot No.144, (Door No.26) th Street, Raghava Reddy Colony, Ashok Nagar, Chennai 600 083.

Respondent(s) Page No.1 of 5

PRAYER Writ Appeal filed under Clause 15 of Letters Patent, to set aside the Order dated 02.11.2022 passed in WP.No.6766 of 2020. For Appellant(s):

Mrs.S.P.Arthi For Respondent(s): No Appearance For R1 Mr.S.R.Sunder For Mr.R.Anish Kumar For R2

J U D G M E N T

(Judgment was delivered by S.M.Subramaniam J.) The sole ground raised by the appellant in the present Intra-Court Appeal is that the proceedings of the Micro and Small Enterprises Facilitation Counsel conciliation does not indict that the conciliation proceedings came to be ended and further proceedings commenced thereafter. Therefore, the order cannot be sustained in view of the provisions of the Act.

2. The learned counsel for the 2 nd respondent would oppose by stating that though there is no specific order to that effect, reading of the order in entirety would show that the conciliation proceedings ended and thereafter the Page No.2 of 5

proceedings continued and final order passed.

3. After advancing argument for a considerable length of time, both the respective learned counsels appearing on behalf of the parties to the lis would agree that they have to go before the Arbitrator for adjudication of the disputed issues on merits.

4. High Court cannot adjudicate such disputed issues, since it requires examination of documents and evidences, etc.

5. In view of the consensus arrived between the parties, we are inclined to grant liberty to the parties to approach the Arbitrator under the Statute for effective adjudication of the disputed issues on merits and in accordance with law. The Council shall conduct arbitration by themselves or by appointing an Arbitrator, as the case may be.

Page No.3 of 5

6. With this liberty, the Writ Appeal stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. (S.M.SUBRAMANIAM J.)(MOHAMMED SHAFFIQ J.) 22-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni To Micro And Small Enterprises Facilitation Council Thiruvika Industrial Estate, Guindy, Chennai Page No.4 of 5

S.M.SUBRAMANIAM J.

AND MOHAMMED SHAFFIQ J.

Jeni 22-09-2025 Page No.5 of 5