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2023 Supreme(Ker) 351

VIJU ABRAHAM
Shreyas Marketing, Rep. by its Managing Partner D. Anand Kumar Pai, S/o. Shri. M. Damodara Pai – Appellant
Versus
Micro and Small Enterprises Facilitation Council, Rep. by its Chairperson – Respondent


Advocates Appeared:
For the Petitioner: N.K. Subramanian, Sri. M. Rishikesh Shenoy.
For the Respondent: Sri. B. Ramachandran, CGC, Latheef P.K., Jayakrishnan P.K., Rageeba Shahul.

JUDGMENT :

The above writ petition is filed challenging Ext.P1 intimation issued by the 1st respondent. Petitioner is a partnership firm dealing with the marketing and distribution of various branded products. Petitioner received Ext.P1 intimation dated 21.05.2021 issued by the 1st respondent, the Facilitation Council established by the Karnataka State Government as per Section 21 of the Micro, Small and Medium Enterprises Development Act, 2006 (in short, “Act 2006”). The allegation in Ext.P1 is that the petitioner has failed to make payment of an amount of Rs.77,21,127/- due to the 2nd respondent towards the materials supplied, despite the demand being made. Ext.P1 has been issued based on an application preferred by the 2nd respondent and by Ext P1, petitioner was intimated to pay the amount due to the 2nd respondent, who is the supplier of goods. Earlier, the 2nd respondent has sent Ext.P2 lawyer notice demanding the said amount, to which Ext.P3 reply notice was sent by the petitioner refuting the demand and claim, and making a counter demand for an amount of Rs.1,38,50,972/- which is the amount due from the 2nd respondent. Later, Ext.P4 demand notice was also sent by the petitio

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