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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Charu Technology Pvt Ltd., Represented By Its Manging Director Shri Lakshmi Ram Thakuria – Appellant
Versus
State Of Assam, Represented By The Secy. To The Govt Of Assam, Public Health Engineering Deptt. – Respondent
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 petitioner. 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 petitioner 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 consequence thereof, to release the outstanding dues of the petitioner along with interest thereon as per the provisions of the said Act.
3. It is relevant to take note of that the petitioner herein claims to be a small enterprise within the meaning of the Act of 2006. Pursuant to certain work orders issued, the petitioner supplied various UPVC pipes and thereupon claimed the dues. On account of non-payment, the petitioner submitted a representation and as the said representation was n
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 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....
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....
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 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 ....
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