Mrinesh Mines And Minerals v. Chairperson,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.16457 of 2021 Mrinesh Mines & Minerals Rep by its Partner J.Dhanasri 28 Kavetti Naidu Lay out, Sowripalayam, Coimbatore - 641 028 ... Petitioner Vs.
1.The Chairperson, Mico & Small Enterprises Facilitation Council, Coimbatore.
2.M/s.Akachcholai Components India P Ltd, 52.!/16, S.F.No.666, Amman Nagar, Madukkarai Road, Echanari, Kurichi, Coimbatore-21.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, Calling for the entire records of the 1st respondent dated 22/10/2020 in CASE No.MSEFC/CBER/109/2019 and quash the same.
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For Petitioner : Mr.M.Mariappan For Respondents : Mr.A.Selvendiran Government Advocate for R1
ORDER
The subject matter of challenge in the present writ petition is the award passed by the 1st respondent counsel in exercise of its powers under the Micro Small and Medium Enterprises Development Act, 2006.
2.
Heard the learned counsel for the petitioner and Mr.A.Selvendran, learned Government counsel appearing on behalf of the 1st respondent.
3.
In the considered view of this Court, the council has passed an award based on the claim made by the petitioner and if the petitioner is aggrieved by the award, he has to challenge the same under the Arbitration Act and a writ petition will not be maintainable. Page No.2/4
4.
In view of the above, liberty is granted to the petitioner to work out its remedy in the manner known to law as against the award passed by the 1st Respondent council. This writ petition is accordingly closed and the Registry is directed to return back the original award to the learned counsel for the petitioner to enable the petitioner to challenge the award before the appropriate forum. No costs.
09.08.2021 Internet : Yes/No Index : Yes/No Speaking Order/Non-Speaking Order rka To The Chairperson, Mico & Small Enterprises Facilitation Council, Coimbatore.
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N. ANAND VENKATESH,. J.
rka W.P No.16457 of 2021 09.08.2021 Page No.4/4