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2022 Supreme(Jhk) 638

RAJESH SHANKAR
Mecon Ltd. – Appellant
Versus
Jharkhand Micro and Small Enterprises Facilitation Council through the Under Secretary-cum-Member Secretary – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ajit Kumar, Sr. Advocate Mr. Shresth Gautam, Advocate Mr. Rajarshi Singh, Advocate Mr. Abhijeet Tushar, Advocate
For the Respondent:Mr. Anil Kumar Sinha, Sr. Advocate Mr. Rahul Lamba, Advocate

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 interest thereon against supplied goods/services rendered to the petitioner pursuant to several work orders dated 24.05.2005, 01.10.2008, 27.10.2008, 08.05.2009 and 15.07.2009 has been allowed.

2. Learned Senior Counsel for the petitioner submits that a claim application was filed by the respondent no. 2 under the provisions of Section 18 (1) of the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as “the Act, 2006”) before the Council established under Section 20 of the Act, 2006 on 05.06.2000 for releasing outstanding payment against various invoices/bills relating to aforesaid work orders issued by the petitioner

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