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2022 Supreme(SC) 240

M. R. SHAH, B. V. NAGARATHNA
Vaishno Enterprises – Appellant
Versus
Hamilton Medical AG – Respondent


Advocates appeared:
For the Appellant(s) : Mr. M. Srinivas R. Rao, Adv. Mr. Abid Ali Beeran P., AOR Mr. Srikant Hari Haran, Adv. Mr. Sarath S. Janardanan, Adv.
For the Respondent(s): Mr. Shyam Divan, Sr. Adv. Mr. Atul Nagrajan, Adv. Mr. Ankit Anandraj Shah, AOR Mr. Rajat, Adv. Mr. Sarath Rajpal, Adv. Ms. Pallavi Yadav, Adv.

JUDGMENT

M.R. Shah, J.

Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court for the State of Telangana at Hyderabad in Writ Appeal No. 201 of 2021 by which the High Court has dismissed the said appeal and has confirmed the order passed by the learned Single Judge quashing the Intimation-cum-Notice dated 22.10.2020 and Notices dated 04.11.2020 and 12.11.2020 issued by Micro and Small Medium Enterprises Facilitation Council(hereinafter referred to as 'the Council'), the original applicant has preferred the present appeal.

2. That the appellant is a registered partnership consultant which provides consultancy services to foreign medical equipment companies in the form of liaisoning services with hospitals and government departments and entities for procurement of medical equipment like ventilators. That Respondent No. 1 herein is a company registered under the laws of Switzerland, having its office at Bonaduz, Switzerland and is a manufacturer and supplier of critical care ventilation solutions for a variety of patient segments, applications and environments across the world. According to the respondent, it has its own consultants, engaged in I


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Judicial Analysis

None of the cases listed explicitly indicate that they have been overruled, reversed, or otherwise treated as bad law. There are no keywords such as "overruled," "reversed," "disapproved," or "criticized" in the provided summaries that suggest a negative treatment or invalidation of these cases.

Followed/Consistently Cited:

Nitesh Estates Ltd. VS Micro and Small Enterprises Facilitation Council of Haryana - 2022 0 Supreme(SC) 1991: Hamilton Medical AG and Another, 2022 SCC Online SC 355

Megha Engineering & Infrastructure Ltd. VS H. P. Micro Small Enterprises Facilitation Council - 2023 0 Supreme(HP) 26: Hamilton Medical AG & anr, JT 2022 (3) SC 406

These two entries appear to reference the same case, with the latter citing the former. The language "taking the view that for initiation of proceedings under the MSMED Act" suggests these cases have been cited as authoritative or are part of a consistent judicial view. There is no indication of negative treatment or overrule.

Uncertain or Ambiguous Treatment:

SHANTI CONDUCTORS(P) LTD. VS ASSAM STATE ELECTRICITY BOARD - 2019 1 Supreme 641: Interest on Delayed Payment to Small Scale and Ancillary Industrial Undertakings Act, 1993...

This case discusses the legal position regarding interest and the applicability of the Act, the Limitation Act, and the jurisdiction of the High Court. The language does not indicate whether this case has been overruled or criticized; it merely states the legal position. Without explicit references to subsequent treatment, its judicial standing remains uncertain.

Summary:

The cases involving Hamilton Medical AG appear to be consistent and authoritative, with no evidence of being overruled or criticized.

The case regarding interest payments is presented as a statement of legal principles without indication of negative treatment or invalidation.

SHANTI CONDUCTORS(P) LTD. VS ASSAM STATE ELECTRICITY BOARD - 2019 1 Supreme 641: The treatment of this case is unclear regarding whether it has been questioned or overruled in subsequent jurisprudence. The summary provides a statement of law but no information about its subsequent judicial treatment or any negative treatment.

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