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2024 Supreme(Kar) 159

C. M. POONACHA
Bellary Nirmithi Kendra By Its Chairman The Deputy Commissioner, Ballari – Appellant
Versus
Capital Metal Industries Represented By Its Proprieter Sri. Chandmal P Jain – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri Prashant F Goudar, Adv.
For the Respondent: Smt V Vidya, Adv.

ORDER :

The present Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, 1908 [Hereinafter referred to as ‘CPC’] challenging the order dated 19.03.2022 passed in Execution Case No.376/2015 by the Principal District and Sessions Judge, Bellary [Hereinafter referred to as ‘Executing Court’] wherein an application filed by the Petitioner under Section 47 of the CPC was dismissed.

2. The relevant facts necessary for consideration of the present petition are that the Petitioner and the Respondent entered into an Agreement dated 26.6.2013 [Herein after referred as the ‘said Agreement’.] for supply of Kapital Era Bus Shelters at Ballari. Alleging various violations in compliance of the terms of the said Agreement, the Respondent filed a petition in Reference Petition No.69/2014 before the Micro and Small Enterprises Facilitation Council [Hereinafter referred to as ‘Council’] for recovery of a sum of Rs.34,48,445/-, consequent to which, a notice of Conciliation under Section 18 r/w 17 of the Micro, Small and Medium Enterprises Development Act, 2006 [Hereinafter referred to as ‘MSMED Act’] was issued to the Petitioner. In response, the Petitioner herein issued a

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