Superintending Engineer,Electrical Circle, Berhampur, Southco. Utility v. Telengana Micro And Small Enterprises Facilitation Council

IN THE HIGH COURT OF ORISSA AT CUTTACK

WA No.597 of 2019 Superintending Engineer, Electrical Engineer, Ganjam ....

Appellant Mr.S.C. Dash, Advocate -versusTelengana Micro and Small Enterprises Facilitation Council and another ....

Respondents

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH Order No.

ORDER

22.09.2022 02.

1. The challenge in the present writ appeal is to an order dated 17th September, 2019 passed by the learned Single Judge rejecting the W.P.(C) No.14937 of 2019 on the ground that the Appellant has an efficacious statutory remedy by way of an appeal under Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act) against the award passed in the matter by the Telengana Micro and Small Enterprises Facilitation Council in terms of the MSME Act.

2. Learned Single Judge has, in fact, referred to the decision of the Supreme Court of India in Goodyear India Limited v. Norton Intech Rubbers (P) Ltd. and others, 2012 (2) CTC 829.

3. Having heard the learned counsel for the Appellant, the Court is unable to find any ground to interfere with the impugned order of

// 2 // the learned Single Judge. Indeed all the points urged by the Appellant in the writ petition can be urged in the under Section 19 of the MSME Act before the appellate forum. Leaving it open to the Appellant to urge all such points in accordance with law, the Court declines to interfere with the impugned order of the learned Single Judge. If the appeal is filed not later than a month from today, then the appellate authority will while considering the question of delay take into account the period during which the Appellant was pursuing the writ petition as well as this appeal.

5. The appeal is accordingly disposed of.

(Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge KC Bisoi