V R Process Engineering Consultant Pvt Ltd, v. The Micro And Samall Enterprises Facillitation Council,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-06-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI V R Process Engineering Consultant Pvt Ltd, Rep. by its Managing director, S.

Venkatachalapathy, S/o. P.N.Sreenivasn, Plot No. 12, Vakai Flats, avvaiyar st, Nilamanagai Nagar, adambakkam, Chennai - 600088.

..Petitioner(s) Vs

1. The Micro and Samall Enterprises Facilitation Council, Chennai Region, Rep. by its Chairperson, O/o. Industries Commissioner and Director of Industries and commerce, Guindy, Chennai - 600032.

2. Suman, Jeevar Fertile Maz, Irinjalakuda, Kottanellur PO, Thrissur District, Kerala-680662.

..Respondent(s) Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of proceedings issued by the first respondent council in MSEFC/CR/368/2020 dated 04.02.2022 and quash the same and consequently issued a direction to first respondent council to conduct the proceedings in accordance with section 18 of the MSME Act 2006.

For Petitioner(s):

Mr. K.Shanmugam For Respondent(s):

Mr. M.Sivavarthanan Government Counsel for R1 Mr. S.Vinoth Kumar for R2

ORDER

The proceedings issued by the first respondent council in MSEFC/CR/368/2020 dated 04.02.2022, is put under challenge in the present Writ Petition. Further, the petitioner has sought for a direction to the first respondent council to conduct the proceedings in accordance with Section 18 of the MSME Act, 2006.

2. Heard the learned counsels appearing on either side.

3. The learned counsel for the petitioner submitted that the petitioner made an application before the first respondent under Section 18(1) of the Micro, Small and Medium Enterprises Development Act, 2006 as against the second respondent herein for recovery of the business transaction amount pertaining to the period from 24.09.2019 to 11.06.2020 viz., the principal amount of Rs.37,26,013/- along with compound interest, however, the same was

rejected by the first respondent vide impugned order dated 04.02.2022. He further submitted that for the very same issue, the petitioner has filed a case in C.S.No.18 of 2022 on the file of the Commercial Court, Thrissur, Kerala.

4. In view of the submissions of the learned counsel for the petitioner, this Court permits the petitioner to canvass all their contentions before the Court concerned where the suit is pending. The Court concerned is requested to decide the subject issue on merits and in accordance with law.

5. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs.

09-06-2026 Index: Yes/No Speaking/Non-speaking order DP To

1. The Micro and Samall Enterprises Facilitation Council, Chennai Region, Rep. by its Chairperson, O/o. Industries Commissioner and Director of Industries and commerce, Guindy, Chennai - 600032.

M.DHANDAPANI, J.

DP 09-06-2026