Madras High CourtWA/3211/2023disposed of

M/S.Utility Powertech Limited v. The Micro Small Enterprises Facilitation Council

2023-11-22Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M/s.Utility Powertech Limited Rep. by Mr.Ganta Himakara Rao Vellivoyal Chavadi, Ponneri Taluk Appellant Thiruvallur District, Chennai - 600 103.

in all W.As Vs.

1. The Micro Small Enterprises Facilitation Council Chennai Region, Rep. by its Chairman Guindy, Chennai 600 032.

2. M/s. Shree Shara Enterprises Flat No.1/46, E.Tamilarasu Malima Nagar, Vilangadupakkam Perumal Koil Street, Ground Floor Respondents Chennai 600 052.

in all W.As Prayer in W.A.No.3211 of 2023: Appeal filed under Clause 15 of the Letters Patent against the order in W.P.No.22059 of 2023 in 10.08.2023;

Prayer in W.A.No.3214 of 2023: Appeal filed under Clause 15 of the Letters Patent against the order in W.P.No.21703 of 2023 in 21.08.2023;

Prayer in W.A.No.3215 of 2023: Appeal filed under Clause 15 of the Letters Patent against the order in W.P.No.22063 of 2023 in 10.08.2023.

For the Appellant in all W.As : Mr.B.Deepak Narayanan COMMON JUDGMENT (Delivered by the Hon'ble Chief Justice) Heard Mr.B.Deepak Narayanan, learned counsel for the appellant.

2. Learned counsel for the appellant submits that in fact, the appellant had taken a ground that the second respondent is not a registered entity at the time of contract and as it is not a registered entity, it cannot invoke the provisions of the Micro, Small and Medium Enterprises Development Act, 2006.

3. From the judgments on record, we do not find that the said issue was being agitated. Though it is submitted that submissions were made to that effect, the orders do not depict the same.

4. Learned counsel for the appellant seeks leave to withdraw the present appeals and file review petition/s.

5. The writ appeals, accordingly, are disposed of. The appellant may file review petition/s, as may be permissible under law. There will be no order as to costs. Consequently, C.M.P.Nos.26243, 26263 and 26259 of 2023 are closed.

(S.V.G., CJ.) (D.B.C., J.) 22.11.2023 Index : Yes/No drm To

1. The Micro Small Enterprises Facilitation Council Chennai Region, Rep. by its Chairman Guindy, Chennai 600 032.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 22.11.2023