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Bombay High CourtWP/15366/2024dismissed

Rcc Infraventures Ltd v. Micro And Small Enterprises Facilitation Council ,Pune And ANR

2025-09-30Hon'Ble Justice Advait M. Sethna , Hon'Ble Shri Justice M.S. Sonak2 pages

18-WP-15366-2024.DOCX Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15366 OF 2024 RCC Infraventures Ltd.

...

Petitioner

Versus

Micro and Small Enterprises Facilitation Council, Pune and Anr.

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Respondents ______________________________________________________ Mr. Kanishk Aggarwal (Through V.C.) a/w. Mr. Chetan Hadolikar and Mr. Chirag Phalke, i/b. Ms. Rajani Kanojia, for Petitioners. ______________________________________________________ CORAM : M.S. Sonak & Advait M. Sethna, JJ.

DATED : 03 October 2025 P.C.:- 1.

By keeping the issue of maintainability / entertainability open, we issue notices to the Respondents returnable on 14 November 2025. In addition to the usual mode of service, private service / humdast is permitted.

2.

Mr. Aggarwal requests for a stay on the execution of the impugned Award which is pending in the Court at Gurugram. Upon our query as to whether the Petitioner is willing to deposit any amount, Mr. Aggarwal, fairly states that, this may be difficult.

18-WP-15366-2024.DOCX 3.

In the first place, we are not to sure whether a Writ Petition of this nature is maintainable. In any event, the Petitioner must secure the awarded amount or a substantial portion of the awarded amount in order to obtain a stay. Thirdly, we find that the Award was made in 2021 and an execution is already pending. Therefore, we decline any ad-interim relief in this matter.

4.

Further, we clarify that no adjournments must be applied for in the execution proceeding merely on the ground that this Petition is pending or that we have issued any notice in this Petition. 5.

Stand over to 14 October 2025.

(Advait M. Sethna, J) (M.S. Sonak, J.) by SONALI SATISH KILAJE Date:

2025.10.07 17:16:43 +0700 SONALI SATISH KILAJE