Madras High CourtWP/13789/2025disposed of

M/S.Gradiant India Pvt Ltd v. The Chairperson

2025-08-13Honourable Mrs.Justice N. Mala5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2025 CORAM :

THE HONOURABLE MRS. JUSTICE N.MALA Writ Petition No.13789 of 2025 M/s.Gradiant India Pvt. Ltd., Rep. by its Authorised Signatory, Olympia Cybersapce.

... Petitioner Vs.

1.The Chairperson, Micro and Small Enterprises Facilitation Council, Chennai Industries Commissioner & Director of Industries and Commerce, Guindy, Chennai - 600 032.

2.The Secretary, Micro and Small Enterprises Facilitation Council, Chennai Industries Commissioner & Director of Industries and Commerce, Regional Joint Director of Industries and Commerce, Guindy, Chennai - 600 032.

3.Chaitra Civil Ventures LLP, Having its registered office at No.13, Challaghatta Village, Kengeri Hobli, Bengaluru, Karnataka - 560 074.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the first and second respondent to rectify the clerical error/inaccuracy in the order of disposal dated 09.12.2022 in the Case Number MSEFC/CR/395/2022 on the file of the Micro and Small Enterprises Facilitation Council, Chennai.

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For Petitioner :

Mr.Arva Merchant For Respondents 1 & 2 :

Mr.N.Naveen Kumar, Government Advocate

O R D E R

The petitioner has filed this petition to direct the first and second respondent to rectify the clerical error/inaccuracy in the order of disposal dated 09.12.2022 in the Case Number MSEFC/CR/395/2022 on the file of the Micro and Small Enterprises Facilitation Council, Chennai.

2. The case of the petitioner is that the petitioner has entered into a contract with the third respondent pursuant to a Letter of Intent dated 07.07.2021 and a Purchase Order dated 17.09.2021 for executing a turnkey project at Doddaballapur, Karnataka. The petitioner raised 17 RA Bills for the work done, but despite part payments totalling Rs.2.94 crores, a substantial amount of Rs.9.95 crores remain unpaid. The Petitioner filed a claim before the Micro and Small Enterprises Facilitation Council (MSEFC), Chennai, registered as MSEFC/CR/395/2022. On the third respondent's request to amicably settle, the petitioner withdrew the petition on 02.12.2022 in good faith, though no settlement or payment was made. However, the MSEFC, by its order dated 09.12.2022, erroneously recorded that payment has been made. Despite issuing a representation dated 20.03.2025 to the concerned authorities to rectify this clerical Page No.2 of 5

error, no action was taken, prompting the present writ petition seeking rectification of the said error in the disposal order.

3. Though many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that it would suffice if this Court issues direction to the respondents 1 & 2 to consider the petitioner's representation dated 20.03.2025 on merits, in accordance with law, within a time frame to be fixed by this Court.

4. Learned Government Advocate appearing for the respondents has no objection for the said order being passed by this Court.

5. Heard the learned counsel on either side and perused the materials available on record.

6. Considering the limited relief sought for by the learned counsel for the petitioner, this Court without going into the merits of the case directs the respondents 1 & 2 to consider the petitioner's representations dated 20.03.2025, after giving due notice to the petitioner, affording an opportunity of personal hearing and considering the documents filed by the petitioner on merits, in accordance with law and pass appropriate orders, within a period of eight weeks Page No.3 of 5

from the date of receipt of a copy of this order.

7. This writ petition is disposed of with the aforesaid observation and directions. No costs.

13.08.2025 vm/dsn Index :

Yes/No Speaking Order :

Yes/No :

Yes/No To:

1.The Chairperson, Micro and Small Enterprises Facilitation Council, Chennai Industries Commissioner & Director of Industries and Commerce, Guindy, Chennai - 600 032.

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N.MALA,J.

vm/dsn 13.08.2025 Page No.5 of 5