ORDER :

1. The case of the petitioner is as follows:

The petitioner, who is a partnership firm, is in the business of Civil Constructions in 2014. The petitioner had registered itself as an Enterprise under the Micro, Small and Medium Development Enterprises Act, 2006, (for short ‘the Act’) on 28.11.2020.

2. The petitioner had entered into a contract with the 3rd respondent on 14.06.2018 for undertaking construction in a multistoreyed residential complex, viz., “Srivalli Pravas” at Kaja, Guntur District. However, the said contract could not be executed. As the petitioner had already stationed sizeable plant and machinery at the site, a further agreement, termed as a Memorandum of Understanding, was entered between the petitioner and the 3rd respondent on 20.05.2020. As per this Memorandum of Understanding, the 3rd respondent had agreed to pay a sum of Rs.253 lakhs + GST to the petitioner as consideration for the plant and machinery handed over to the 3rd respondent.

3. The 3rd respondent did not make the payment due to the petitioner. Therefore, the petitioner approached the 2nd respondent- Facilitation Council, under the provisions of the Act for recovery of its dues. This applicatio