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2023 Supreme(Chh) 412

PARTH PRATEEM SAHU
A Bharat Trading Company – Appellant
Versus
Kanpur Steel and Engineering Works – Respondent


Advocates Appeared:
For the Petitioner: Mr. Pankaj Singh.
For the Respondent: Mr. Manoj Paranjpe.

ORDER :

1. Petitioner has filed this writ petition challenging the order dated 29.11.2022 passed by the Micro and Small Enterprises Facilitation Council (hereafter referred to as “Facilitation Council”).

2. The facts relevant for disposal of this writ petition are that respondent No.1 submitted an application under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as “MSME Act”) pleading therein that the firm is Micro/Small Unit as per provision of MSME Act. Respondent No.1 supplied goods to the petitioner but petitioner has not paid the value of the goods supplied as per provision under Section 15 of the MSME Act. Balance of principal amount of which is pleaded as Rs.24,82,101/- and interest on it of Rs.2,44,248.39/-. Upon receiving application /reference under Section 18 of the MSME Act, notice was issued to petitioner and after failing of conciliation, proceedings under Section 18 (3) of the MSME Act was initiated, passed award fixing liability upon the petitioner for payment of Rs.24,82,101/- as balance amount towards supply of MS round in Coil and have further awarded interest three time of the actual interest to the tun of Rs.1

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