Madras High CourtWP/39262/2024disposed of

M/S.Littles Agrivet Provae Limited, v. Micron And Small Enterprises

2025-03-25Honourable Mr Justice J.Sathya Narayana Prasad7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2025 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.39262 of 2024 M/s.Littles Agrivet Private Limited, Rep. by its Authorized representative Mr.A.Lucas, No.85, Galaxy Road, Ponniamman Nagar, Ayanambakkam, Chennai - 600 095.

... Petitioner Vs.

1.Micro and Small Enterprises Facilitation Council, Rep. by its Secretary/Regional Joint Director of Industries and Commerce, A-30, Thiru Vi Ka Industrial Estate Guindy, Chennai - 600 032.

2.M/s.Krishidhan Seeds Private Limited, Registered Office: No.302, Royal house, No:11/3, Usha Ganj, Indore, Madhya Pradesh, India - 452 001. 3.M/s.Krishidhan Seeds Private Limited, Head Office: D3-D6, Addl. MIDC. Area, Aurangabad Road, Jalna, Maharashtra, India - 431 213. 4.M/s.Krishidhan Seeds Private Limited, Corporate Office: Sai Capital Building, 9th floor, Opp Hotel J.W.Marriott, Senapati Bapat Road, Shivaji Nagar, Pune, Maharashtra, India - 411 016. ... Respondents Page No.1 of 7

Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the first respondent to expeditiously dispose the MSEFC/CR/245/2023 pending on the file of the first respondent.

For Petitioner :

Mr.I.M.Siddartha Ramarajan For Respondent 1 :

Mr.N.Naveen Kumar, Government Advocate For Respondents 2 to 4 :

M/s.T.Sharmila Jain

O R D E R

This writ petition has been filed by the petitioner to direct the first respondent to expeditiously dispose the MSEFC/CR/245/2023 pending on the file of the first respondent.

2. The case of the petitioner is that the petitioner's firm, M/s.Littles Agrivet Private Limited, specializes in polymer seed coating technology and is classified as a Micro/Small Enterprise under the MSMED Act, 2006, with UDYAM registration number UDYAM-TN-24-0014148. The firm supplied goods worth Rs.58,96,207/- to respondents 2 to 4, who have failed to make payments, leading to an outstanding amount of Rs.79,11,462/-, including Page No.2 of 7

interest of Rs. 20,15,255/-. The petitioner filed an application under Section 18 of the MSMED Act on 08.05.2023 before the first respondent, which was registered as MSEFC/CR/245/2023. Despite due service, respondents 2 to 4 failed to cooperate in the proceedings. Only four hearings were conducted over 1.5 years, and adjudication details are unavailable on the MSME SAMADHAAN website. As per Section 18(5) of the MSMED Act, the case should have been decided within 90 days, but no finality has been reached. Since the first respondent has not disposed of the application withing the prescribed period, the petitioner is left with no option but to approach this Court for a speedy resolution.

3. Though many grounds have been raised in this writ petition, learned counsel for the petitioner would submit that it would suffice if this Court issues direction to the first respondent to consider the petitioner's application dated 08.05.2023, within a time frame to be fixed by this Court.

4. Learned Government Advocate appearing for the first respondent has no objection for the said order being passed by this Court. Page No.3 of 7

5. Heard the learned counsel on either side and perused the materials available on record.

6. Considering the limited relief sought for by the learned counsel for the petitioner, this Court without going into the merits of the case directs the first respondent to consider the petitioner's application dated 08.05.2023 under Section 18(5) of MSMED Act, after giving due notice to the petitioner, affording an opportunity of personal hearing, considering the documents filed by the petitioner on merits, in accordance with law and pass appropriate orders, within a period of six weeks from the date of receipt of a copy of the order.

7. This writ petition is disposed of with the aforesaid observation and direction. No costs.

25.03.2025 (vm) Page No.4 of 7

Index :

Yes/No Speaking Order :

Yes/No :

Yes/No To:

1.Secretary/Regional Joint Director of Industries and Commerce, Micro and Small Enterprises Facilitation Council, A-30, Thiru Vi Ka Industrial Estate Guindy, Chennai - 600 032.

Shivaji Nagar, Pune, Maharashtra, India - 411 016. J.SATHYA NARAYANA PRASAD,J.

vm Page No.6 of 7

25.03.2025 Page No.7 of 7