R.J.Ravindranath Alias Ravi Kapoor v. The Micro Small Enterprises Facilitation Council,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.11.2023
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 26582 of 2023 R.J.Ravindranath alias Ravi Kapoor Proprietor R.K.L. Printers No.8, Vallabha Agraharam Street Triplicane, Chennai - 600005.
Corresponding Address at New No.182/183 (Old No.135/136 New Anna Salai, Chennai-600002 (Next to Raheja Towers) ... Petitioner -vs1. The Micro Small Enterprises Facilitation Council Chennai Region Rep. By its Chairperson
2. Srikals Graphics Pvt. Ltd.
Rep. By its Managing Director & Authorised Signatory Mr. S.Kalyanasundaram
3. S.Kalyanasundaram Rep. By its Managing Director & Authorised Signatory
4. Ramyashrii Sridharan 1/6
5. Balaji Sundaram Kalyana Address Nos. 2 to 5 having registered office at 19/6, III Main Road, Gandhi Nagar Adyar, Chennai - 600020.
Also at No.A-27, SIDCO Industrial Estate No. A-27, SIDCO Industrial Estate
6. Union of India Rep. By its Secretary to Government Ministry of Micro, Small and Medium Enterprises Udyog Bhawan, Rafi Marg New Delhi - 110011.
[R6 - suo motu impleaded as per order dated 04.10.2023 made in W.M.P. No. 27136 of 2023 in W.P. No. 26582 of 2023 by PDAJ] ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records of Micro and Small Enterprises facilitation council to follow due procedure and pass orders afresh on merits.
For Petitioner : Mr. Taran Kumar For Mr. Sudheer Ram For Respondents : Mr. U.Baranidharan, AGP (R1) Mr. R.Rajesh Vivekananthan, DSGI (R6)
O R D E R
Heard Mr. Taran Kumar, Learned Counsel for the Petitioner and Mr. U.Baranidharan, Learned Additional Government Pleader appearing for the 2/6
First Respondent and Mr. R.Rajesh Vivekananthan, Learned Deputy Solicitor General of India appearing for the Sixth Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2.
The order dated 30.12.2022 in Case No. MSEFC/TRY/18/2022 passed by the First 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 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 3/6
limitation for availing the aforesaid remedy, the period from the date of filing of the Writ Petition, viz., 11.09.2023, 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. 17.11.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 04.03.2023.
Maya/gsa To
1. The Micro Small Enterprises Facilitation Council Chennai Region Rep. By its Chairperson
2. Srikals Graphics Pvt. Ltd.
Rep. By its Managing Director & Authorised Signatory Mr. S.Kalyanasundaram
3. S.Kalyanasundaram Rep. By its Managing Director & Authorised Signatory
4. Ramyashrii Sridharan
5. Balaji Sundaram Kalyana Nos. 2 to 5 having registered office at 19/6, III Main Road, Gandhi Nagar Adyar, Chennai - 600020.
4/6
6. The Secretary to Government Ministry of Micro, Small and Medium Enterprises Udyog Bhawan, Rafi Marg New Delhi - 110011.
5/6
P.D. AUDIKESAVALU, J.
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