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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Charu Engineering Industries, A Registered Proprietorship Firm – Appellant
Versus
State Of Assam, Represented By The Secy. To The Govt. Of Assam, Public Health Engineering Deptt. – Respondent
| Table of Content |
|---|
| 1. factual history regarding msme supply disputes and previous representations. (Para 1 , 2 , 3 , 4 , 5) |
| 2. applicability of section 18 msme act and availability of alternative remedies. (Para 6 , 7 , 8) |
| 3. methodology for calculating compound interest with monthly rests under msme law. (Para 9 , 10 , 11) |
| 4. writ jurisdiction limitations in determining disputed questions of fact. (Para 12) |
| 5. procedural directions for claim verification and interest calculation. (Para 13) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Ms. M. Hazarika, the learned Senior Counsel assisted by Mr. D. Khan, the learned counsel appearing on behalf of the petitioners. Mr. P.N. Goswami, the learned Senior Counsel assisted by Mr. I. Kalita, the learned counsel appears on behalf of the PHE Department of the Government of Assam and Mr. B. Gogoi, the learned Additional Advocate General appears on behalf of the Finance Department of the Government of Assam.
2. The present writ petition has been filed by the petitioners seeking a direction upon the respondents to perform their statutory duties and obligations under the Micro, Small and Medium Enterprises Development Act, 2006 (for short, “the Act of 2006”) and, in
The lack of conciliation does not undermine the statutory obligation to make payment under the MSMED Act, emphasizing the importance of adherence to payment timelines by the buyer.
Mandatory pre-deposit under Section 19 of the Act is essential for challenging awards; courts may extend time for compliance, ensuring access to effective adjudication based on merits.
The court established that compliance with statutory procedures is essential for the validity of decisions made by regulatory bodies, and claims under the MSME Act must be filed within the prescribed....
The main legal point established in the judgment is that the Interest on Delayed Payment to Small Scale and Ancillary Industrial Undertakings Act, 1993 does not apply to transactions prior to its enf....
The High Court cannot entertain writ petitions challenging awards of the Micro and Small Enterprises Facilitation Council without the mandatory deposit of 75% of the awarded amount as per Section 19 ....
Point of Law : Arbitration Award - Having specifically found that the petitioner/buyer failed to make payment of the outstanding amount to the respondent/supplier in respect of at least six of the ei....
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