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2016 Supreme(Mad) 1563

SANJAY KISHAN KAUL, R.MAHADEVAN
Refex Energy Limited, by its Managing Director/Authorised Signatory Anil Jain – Appellant
Versus
Union of India, by its Secretary (Legislative) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.Srinath Sridevan
For the Respondents: Mr.V.P.Sengottuvel

ORDER :

This writ petition is filed by the petitioner company to issue a Writ of Declaration, declaring section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (herein after referred to as the MSMED Act), as ultravires Article 14 of the constitution of India.

2. The case of the petitioner, in a nutshell, is that the petitioner company placed three work orders, viz. (1) REL/COMET/PO-04/11-12, dated 03.06.2011, (2) REL/Vituza/PO-03/11-12, dated 16.06.2011 and (3) REL/Vituza/PO-09/11-12, dated 28.07.2011, with the 2nd respondent for the supply of Galvanized Steel Structures/Solar Module Mounting Structures. Subsequently, since the 2nd respondent made a further demand, without making any correlative supplies, certain disputes arose between them. After conciliation, by the settlement agreement dated 20.03.2012, the same was settled by themselves with a condition that the 2nd respondent shall not claim any further amount other than Rs.80,00,000/-. For the amount payable to the 2nd respondent under the said settlement agreement, the 2nd respondent has to execute certain rectificatory service and on its failure, the petitioner withheld the said payment. The further case o















































































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