MANINDRA MOHAN SHRIVASTAVA, PRAVEER BHATNAGAR
GVPR Engineers Limited – Appellant
Versus
Micro And Small Enterprises Facilitation Council – Respondent
ORDER :
1. Heard on admission and stay.
2. This intra court appeal is directed against order dated 26.09.2023 passed by the Ld. Single Judge, whereby, the appellant’s petition challenging an order dated 15.05.2023 of the Micro and Small Enterprises Facilitation Council (hereinafter referred to as ‘the Council’) mainly on the ground that there is an efficacious and alternative statutory remedy and therefore, the writ petition, being bereft of any material to prima facie show a case of mala fide exercise of power, could not be entertained.
3. Learned Senior Counsel appearing for the appellant argued that the contract was terminated way-back in the year 2018. The respondents, without any basis, only to somehow revive an old and stale matter, took recourse to the provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as “the Act of 2006”) seeking conciliation which eventually failed. Thereafter, the Council, without drawing due and proper proceedings in the matter of adjudication of dispute through arbitration as ordained under the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act of 1996”) as also without determining
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