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RAJESH SHANKAR
Mecon Ltd. – Appellant
Versus
Jharkhand Micro and Small Enterprises Facilitation Council through the Under Secretary-cum-Member Secretary – Respondent
| Table of Content |
|---|
| 1. writ petition for quashing council order on msme claims. (Para 1 , 2) |
| 2. preliminary objections regarding jurisdiction and maintainability under msme act. (Para 3 , 5 , 6 , 10 , 11) |
| 3. court evaluates jurisdiction and alternative remedies available to petitioner. (Para 4 , 14 , 15) |
| 4. reliance on supreme court judgments concerning registrations and entitlements under msme act. (Para 7 , 9) |
| 5. distinction between conciliation and arbitration under relevant acts. (Para 26 , 32) |
| 6. past contract completions affect entitlement under msme act. (Para 35 , 41) |
| 7. writ petition dismissed; alternative statutory remedy available. (Para 43 , 44) |
ORDER :
The present writ petition has been preferred for quashing the order as contained in memo no. 1630 dated 24.8.2021 (Annexure-5 to the writ petition) issued under the signature of the respondent no. 1 – Under Secretary-cum-Member Secretary, Jharkhand Micro and Small Enterprises Facilitation Council (hereinafter referred to as “Council”) in connection with Case No. JHMSEFC-09/2020 (New Case No. JH/01/S/JKH/00195), whereby the claim filed by the respondent no. 2 relating to payment of outstanding principal amount as well as accrued inte
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