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2022 Supreme(Bom) 1066

S.V.GANGAPURWALA, SANDEEP V.MARNE
Metaforge Engineering (I) P. Ltd. – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Alankar Kirpekar a/w Mr.Sagar Kasar, Adv.
For the Respondent: Mr.Pradeep S. Jetly, Sr.Counsel a/w Mr.Jitendra Mishra and
Ms.Sangeeta Yadav. Mr.Amol Wagh a/w Ms.Chaitali Bhogle

JUDGMENT :

S.V.GANGAPURWALA, J.

1. Rule. Rule made returnable forthwith. By consent of the parties, matter is taken up for final disposal.

2. The Petitioner is a Company registered under the Companies Act. It is a Medium Enterprise. The Petitioner had filed an Application referable to section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (Act, 2006) against the present Respondent no.4 for payment of the amount. Request was made that the Council may act as a Conciliator and or Arbitrator. If conciliation fails then matter is to be referred to Arbitration. The Micro and Small Enterprises Facilitation Council rejected the Application on the ground that the Petitioner is a Medium Enterprise and cannot invoke the Jurisdiction of the Council under section 18 of the Act, 2006.

3. The learned counsel submits that the Petitioner has made a categorical statement that it is a supplier of the goods manufactured and produced by the small enterprise. The Petitioner is covered under the definition of supplier as defined under section 2(n)(iii) of the Act, 2006. The learned counsel to substantiate his argument relies on the judgment of the learned single Judge of Delhi High Court

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