M/S.Barrla System Private Limited v. M/S.Sundeep Associates

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2024

CORAM

THE HO N'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 23570 of 2023 M/s. Barrla System Private Limited Plot No.8, Malrosapuram Road Sengundram Village Thirukatchiyur, Maraimalai Nagar Chennai - 603 204.

... Petitioner -vs1. M/s. Sundeep Associates No. 14, Ambattur Vanagaram Road Ayenambakkam Chennai - 600 095.

2. The Secretary MSE Facilitation Council Regional Joint Director of Industries and Commerce Guindy, Chennai - 600 032.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, calling for the records of the Second Respondent in proceedings bearing MSEFC/CR/172/2021 dated 11.08.2022 and quash the same.

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For Petitioner :

Mr. K.Venkateswaran For Respondents :

Mr. K.F.Manavalan (for R1)

O R D E R

Heard Mr. K.Venkateswaran, Learned Counsel appearing for the Petitioner and Mr. K.F.Manavalan, Learned Counsel appearing for the First Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The order dated 11.08.2022 in Case No. MSEFC/CR/172/2021 passed by the Second Respondent under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006, which is challenged in this Writ Petition, is evidently an arbitral award in terms of Section 2(4) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to a 'A & C Act' for short), against which an application for setting it aside could be made before the jurisdictional civil court under Section 34 of the A & C Act as held by the Hon'ble Supreme Court of India in the decision in India Glycols Limited ~vs~ Micro and Small Enterprises Facilitation Council, Medchal~Malkajgiri (Order dated 06.11.2023 in Civil Appeal No. 7491 of 2023). In view of the aforesaid legal 2/4

position, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition with liberty to resort to the aforesaid procedure, and he has made an endorsement to that effect in the court record. 3.

In such circumstances, the Writ Petition is dismissed as withdrawn granting such liberty. It is made clear that for the purpose of reckoning limitation for availing the aforesaid remedy, the period from the date of filing of the Writ Petition, viz., 02.08.2023, till the date on which the certified copy of this order is made ready by the Registry, shall be excluded. Consequently, the connected Miscellaneous Petition is closed. No costs. 02.01.2024 Index: Yes/No NCC: Yes/No Maya Note: Issue order copy on 04.03.2024.

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P.D. AUDIKESAVALU, J.

Maya To

1. M/s. Sundeep Associates No. 14, Ambattur Vanagaram Road Ayenambakkam Chennai - 600 095.

2. The Secretary MSE Facilitation Council Regional Joint Director of Industries and Commerce Guindy, Chennai - 600 032.

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