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2023 Supreme(Mad) 149

N. SATHISH KUMAR
Bharat Heavy Electricals Limited – Appellant
Versus
Chairman, Micro Small Enterprises Facilitation Council, Represented by its Regional Joint Director of Industries and Commerce – Respondent


Advocates Appeared:
For the Petitioner: Mr. V.V. Sivakumar.
For the Respondents:Mr. N. Naveen Kumar Government Advocate, Mr. O. Padma Prakash.

ORDER :

Prayer : Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Certiorari calling for the records of the first respondent culminating in passing the order dated 09.06.2017 in O.P.No.MSEFC/CR/68/2016 and quash the same.

This writ petition has been filed challenging the order passed by the first respondent Micro Small Enterprises Facilitation Council, dated 09.06.2017 in O.P.No.MSEFC/CR/68/2016.

2. The case of the writ petitioner is that the second respondent was the successful bidder in respect of a subcontract floated by the petitioner through its Western, Eastern and Northern regions. The contract is in respect of material handling, erection, testing and commissioning of boilers, turbines and their auxiliaries in the State of Gujarat, Orissa, Bihar and Rajasthan.

3. The contracts are in the nature of works contract. The second respondent could not able to perform the contract as per the stipulations. In the meanwhile, the second respondent has approached the first respondent Micro Small Enterprises Facilitation Council (for short 'MSEF Council') seeking conciliation of difference of opinion which had arisen between the petitioner and the

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