Point of Law: Provisions of MSME Act shall be applicable in case of supplier who has filed a memorandum with authority referred to in subsection (1) of Section 8.

JUDGMENT :

[Tarlok Singh Chauhan, J.]

1. The instant petition has been filed for grant of the following substantive reliefs:

“A. That, a writ in the nature of certiorari or any other appropriate writ may be issued to set aside the notice issued by Respondent No. 1 dated 22.07.2021 (Annexure P- 8) as being against the mandate of under Rule 4 (v) and 4 (vi) of the MSME Rules, 2018 AND/OR Section 2(n) r/w chapter 5 of the MSME Act, 2006 AND/OR Section 18(3) of the MSME Act r/w Section 61(2) of the Arbitration & Conciliation Act, 1996 r/w the enabling provisions of the Limitation Act, 1963 AND/OR also violative of Article 14 of the Constitution of India;.

B. That, a writ in the nature of certiorari or any other appropriate writ may be issued to set aside the order dated 02.02.2022 (Annexure P-11) passed by the Respondent No.1 as being against the mandate of under Rule 4 (v) and 4 (vi) of the MSME Rules, 2018 AND/OR Section 2(n) r/w chapter 5 of the MSME Act, 2006 AND/OR Section 18(3) of the MSME Act r/w Section 76(b) & Section 10 of the Arbitration & Conciliation Act, 1996 AND/OR also violative of Article 14 of the Constitution of India;

C. That, a writ in the nature of certiorari or any other appropriate writ may be issued to set aside the order dated 10.05.2022 (Annexure P-16) passed by the Respondent No.1 to the extent it is prejudicial to the interest of the Petitioner, being against the mandate under Rule 4 (v) and 4 (vi) the MSME Rules, 2018 AND/OR Section 2(n) r/w chapter 5 of the MSME Act, 2006 AND/OR Section 18(3) the MSME Act r/w Section 77 the Arbitration & Conciliation Act 1996 AND also violative of Article 14 of the Constitution of India;.

D. That a writ in the nature of certiorari or any other appropriate writ may be issued to set aside the order dated 02.07.2022 (Annexure P-18) passed by the Respondent No.2 as being against the mandate of Section 18(3) & 18 (5) r/w Section 24 of the MSME Act AND/OR Section 14 (a) of the Arbitration & Conciliation Act, 1996 AND/OR also violative of Article 14 of the Constitution of India.”

2. Brief facts, as pleaded in the petition, are that on 11.07.2012, the petitioner-company placed a work order for engaging manpower with respondent No. 3 at its Lambadug Hydropower Project, on the basis of terms and conditions mentioned therein. The work order was amended thereafter on 08.11.2013 & 01.07.2015.

3. In the year 2018, the petitioner, due to certain developments, decided that the services of respondent No. 3 were no more required, therefore, on 24.10.2018, it along with respondent No. 3 decided to hold a meeting to discuss various issues towards full and final settlement. Respondent No. 3 submitted its full & final settlement bill along with a covering letter with reference number RS/MEIL/18-19/47/07.

4. After the detailed checking and voluminous old records/documents by all the concerned departments in the petitioner's organization, the petitioner informed respondent No. 3 that there was no amount pending towards it and respondent No. 3 was satisfied with the same. As both the petitioner and respondent No. 3, decided and mutually agreed that no sum is now payable from the petitioner to respondent No. 3, accordingly respondent No. 3, issued "No Market Liability Certificate" to the petitioner.

5. Subsequent to conclusion of the business with the petitioner, respondent No. 3 on 25.08.2020, got itself registered with the Ministry of the Micro, Small and Medium Enterprises by submitting a memorandum provided under Section 8(a) of the Micro, Small and Medium Enterprises Development Act, 2006 (for short, “the MSMED Act”) and after more than three years (i.e. reckoned from 25.10.2018 when final invoice was submitted without any protest/prejudice), respondent No. 3 issued a communication towards monthly bills w.e.f. August 2012-October 2018.

6. On 12.04.2021, the petitioner replied to the communication of respondent No. 3 dated 18.01.2022 towards monthly bills w.e.f. August 2012-October 2018, whereby t