ORDER :

This is an assigned matter by an order dated 11th August 2017 passed on the administrative side by Hon'ble the Chief Justice, High Court of Jharkhand.

2. This writ petition filed by Jharkhand Bijli Vitran Nigam Ltd. (in short, Nigam) challenges award dated 14th July 2014 passed by the Jharkhand Micro, Small and Medium Enterprises Facilitation Council.

3. The challenge is premised on the ground that the Council did not adhere to the mandatory provisions under sub-section 3 to section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (in short, MSMED Act), in as much as, in the conciliation proceeding before the Council the claim raised by the applicant was resisted by the Nigam and the conciliation was not successful and, therefore, the dispute between the parties was required to be taken up for arbitration either by the Council itself or to be referred to any institution or centre providing alternate dispute resolution services.

4. Maintainability of the writ petition is under serious challenge by the respondent on the ground of statutory remedy of appeal.

5. The brief facts of the case are that M/s VEXCEL Computers Pvt. Ltd. was engaged in the work of meter re