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2012 Supreme(AP) 1214

L.NARASIMHA REDDY
Cable Corporation of India Limited – Appellant
Versus
A. P. Micro and Small Enterprises Facilitation Council – Respondent


Advocates Appeared:
For the Petitioner:C.R. Sridharan, Advocate.
For the Respondents: C. Kodandaram, Sr. Counsel.

Judgment :

This writ petition is filed challenging the order dated 31-03-2012, passed by the A.P. Micro and Small Enterprises Facilitation Council (for short 'the Council'), 1st respondent herein, in a claim presented before it, by the 2nd respondent, against the petitioner, under Section 6(2) of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (for short 'the 1993 Act').

The petitioner and the 2nd respondent are industrial undertakings. The petitioner placed an order upon the 2nd respondent for supply of "Wire Standing Machine" together with ancillaries, on 22-04-1996. The value of the contract was Rs.2,71,58,872/-. 90% of the amount was paid by the petitioner to the 2nd respondent. Stating that the petitioner did not pay the balance of 10%, being Rs.24,10,980/-, even after the supply of the machinery was completed, the 2nd respondent filed O.S.No.4 of 2002 in the Court of I Additional District Judge, at Sanga Reddy, for recovery of the amount. The petitioner filed a written-statement, opposing the suit. Besides that, it has filed a counter-claim for a sum of Rs.35,12,650/-.

Even while the suit was pending, the 2nd respondent presented









































































































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