Archa Kumar Banerjee And ANR. v. Union Of India And ORS.

OD-3 ORDER SHEET WPO/2285/2022

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE ARCHA KUMAR BANERJEE AND ANR.

VERSUS

UNION OF INDIA AND ORS.

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : July 13, 2022.

Appearance:

Mr. Rabindra Kr. Jaiswal, Adv.

The Court: The only prayer of the petitioners is for a direction on the Chairman, Micro and Small Enterprises Facilitation Council to dispose of a reference made by the petitioners within the time period mandated under Section 18 of the MSME Act, 2006.

The affidavit of service is kept on record. No one appears for the respondents.

Learned counsel appearing for the petitioners submits that the reference was made before the Council on 2nd March, 2022 and a hearing was given on 2nd May, 2022. Counsel submits that several letters were written to the Council thereafter but the reference has still not been disposed of.

Upon considering the material before the Court and particularly Section 18 of the 2006 Act under which the Council is under a mandate to decide a reference under Section 18 within 90 days from the date of making

such a reference - 18(5) - WPO/2285/2022 is disposed of with a direction on the Micro and Small Enterprises Facilitation Council to dispose of the reference within six weeks from date. A copy of the decision shall be given to the petitioners within a week from which such decision is made. (MOUSHUMI BHATTACHARYA, J.) bp.