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2023 Supreme(Chh) 329

PARTH PRATEEM SAHU
Aakash Agro Through Proprietor Sanjay Marotrao Punde – Appellant
Versus
Micro And Small Enterprise Facilitation Council (MSEFC) – Respondent


Advocate Appeared:
For the Appellant :Mr. Sachin Nidhi, Advocate
For the Respondent:Mr. P. Acharya, Mr. Saurendra Rautrey with Himanshu Pandey, Advocates

ORDER :

1. The petitioner by this writ petition has challenged the legality and sustainability of order dated 29.11.2022 passed by the Micro and Small Enterprises Facilitation Council (for short “MSE Facilitation Council”).

2. Facts relevant for disposal of this writ petition are that petitioner is distributor of agricultural equipments/articles used in agricultural activities. In the business of distribution, petitioner purchased the goods from respondent No.2 (supplier) but failed to pay the amount towards the good purchased by it to the tune of Rs.6,36,450/-. Respondent No.2, thereafter, submitted reference application before respondent No.1, upon which, proceedings of conciliation was initiated. Notice was issued to the petitioner in which he did not appear. He was also served notice through e-mail and when petitioner failed to appear before MSE Facilitation Council even after issuance of the notices on different dates, paper publication was also ordered. The MSE Facilitation Council thereafter proceeded ex-parte and passed the order (Annexure P-1). Aggrieved by the order passed by the MSE Facilitation Council, this writ petition is filed seeking following reliefs:-

“(i) It is the

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