The main legal point established in the judgment is the importance of considering the availability of statutory alternative remedies before entertaining a writ petition, particularly in the context of the Micro, Small and Medium Enterprises Development Act, 2006.

ORDER

1. In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, the lawyers have been advised to refrain from coming to the Courts.

2. Counsel for the respondent while raising preliminary objection as regards maintainability of writ petition and has referred to the judgment passed by Hon'ble Division Bench of this Court (Jaipur Bench) in Sanghi Industries Limited & Anr. Vs. Micro Small Enterprises Facilitation Council & Anr., (D.B. Special Appeal Writ No.591/2018) vide order dated 26.04.2018, which reads as follows :-

'1. By way of this appeal, the appellant has assailed the judgment and order of the learned Single Judge whereby learned Single Judge while considering the application under Article 226 (3) of the Constitution of India for vacating the ex-parte stay order granted on 16.1.2018 has rejected the writ petition being not maintainable.

2. Counsel for the appellant has taken us to the provisions of Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 which reads as under:-

18. Reference to Micro and Small Enterprises Facilitation Council.-

(1) Notwithstanding anything contained in any other law for the time being in force, any party to a dispute may, with regard to any amount due under section 17, make a reference to the Micro and Small Enterprises Facilitation Council..

(2) On receipt of a reference under sub-section (1), the Council shall either itself conduct conciliation in the matter or seek the assistance of any institution or centre providing alternate dispute resolution services by making a reference to such an institution or centre, for conducting conciliation and the provisions of sections 65 to 81 of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to such a dispute as if the conciliation was initiated under Part III of that Act.

(3) Where the conciliation initiated under subsection (2) is not successful and stands terminated without any settlement between the parties, the Council shall either itself take up the dispute for arbitration or refer to it any institution or centre providing alternate dispute resolution services for such arbitration and the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall then apply to the dispute as if the arbitration was in pursuance of an arbitration agreement referred to in subsection (1) of section 7 of that Act.

(4) Notwithstanding anything contained in any other law for the time being in force, the Micro and Small Enterprises Facilitation Council or the centre providing alternate dispute resolution services shall have jurisdiction to act as an Arbitrator or Conciliator under this section in a dispute between the supplier located within its jurisdiction and a buyer located anywhere in India.

(5) Every reference made under this section shall be decided within a period of ninety days from the date of making such a reference.

3. He contended that Council has not followed the procedure and stated that in fact they have challenged the order by paying 75% of the amount as a pre-deposit.

4. He also contended that the judgment referred by the learned Single Judge reported in the case of Authorized Officer, State Bank of Travancore and anr. vs. Mathew K.C. (2018) 3 SCC 85 is an exception and the case of the appellant is falling under exception.

5. However, no such contention was raised before the learned Single Judge and the learned Single Judge while considering the case observed as under:-

'7. From the perusal of the aforesaid provisions, it is apparent that the Act of 2006 is a special Act which has been notified with effect from 16.06.2006 and has come into force on 02.10.2006, the same has been introduced with the purpose of facilitating the promotion and development of micro, small and medium enterprises as well as ensuring their competitiveness. It empowers the Central government to notify programmes, guidelines and instructions for the promotion and growth of micro, small a