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2022 Supreme(HP) 540

MOHAMMAD RAFIQ, JYOTSNA REWAL DUA
Simplex Infrastructures Limited – Appellant
Versus
Himachal Pradesh Micro And Small Facilitation Council, Service – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. SUBHASH SHARMA ADVOCATE
For the Respondent:MR. ASHOK SHARMA, MR. NAND LAL THAKUR, ADDITIONAL ADVOCATE, MS VEENA SHARMA ANDMR. ABHISHEK SHARMA,

ORDER :

These two writ petitions involve common questions of facts and law, therefore, they were heard together and are being disposed of by this common judgment.

2. Facts of the case in brief are that the petitioner is a company incorporated under the Companies Act, 1956 and has its registered office at Simplex House 27 Shakespeare Sarani, Kolkata. Respondent No. 1, i.e., Himachal Pradesh Micro and Small Facilitation Council is a Council established by the State Government under Section 20 of the Micro, Small and Medium Enterprises Development Act, 2006 (for short MSMED Act). Respondent No. 2 is also a company incorporated under the Companies Act. It is registered under the MSMED Act read with Rule 4 (6) of the Himachal Pradesh Micro & small Facilitation Rules, 2007. Respondent No. 3 is shareholder and director of the respondent No. 2 company.

3. The petitioner-company has been dealing with the private respondents in the usual course of business, who supply materials, i.e., couplers and provide job work to them. The dispute involved in CWP No. 2041/2017 relates to couplers worth Rs.22,52,936/supplied to the petitioner-company and job work provided to the tune of Rs.12,65,707/, agains

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