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2016 Supreme(Del) 1491

G.ROHINI, JAYANT NATH
CENTRAL ELECTRICITY SUPPLY UTILITY OF ODISHA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner:Mr. Raj Kumar Mehta and Ms. Himanshi Andley, Advocates.
For the Respondent:Mr. Vivek Goyal, CGSC with Mr. Arpit Shukla and Ms. Prabhsahay Kaur, Advocates.

JUDGMENT :

JAYANT NATH, J.

1. The present writ petition is filed seeking to challenge the validity of Chapter V of The Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter refer to as 2006 Act) as being ultra-vires the Constitution of India and for other consequential reliefs.

2. The petitioner is a Central Electricity Supply Utility of the State of Odisha and is said to be carrying on the functions of distribution of electricity in the Central Zone of Odisha. The petitioner floated a tender on 12.12.2013 for procurement of LT XLPE AB of different sizes. Respondent No. 4 made a bid which was accepted vide communication dated 21.12.2013 of the petitioner. On 11.02.2014, a purchase order was placed on respondent No. 4. It is urged that on 12.03.2014 inspection of the material was carried out before dispatch and thereafter delivery was affected. The petitioner states that all payments have been made for supplies received. As per the petition payments have been made on 22.10.2014, 02.02.2015, 28.02.2015, 27.03.2015, 08.05.2015 and 09.07.2015. It is urged that while receiving payments, respondent No. 4 never made any claim for interest.

3. On 05.08.2015, respondent No.





































































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