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P. D. AUDIKESAVALU
Metalman Auto Pvt. Ltd. – Appellant
Versus
Micro and Small Enterprises Facilitation Council – Respondent
ORDER :
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Order in Reference No. MSEFC/CBER/111/2021, Online Application No. UDYAM-TN-11-0012041/M/00002 dated 25.02.2022 passed by the First Respondent and quash the same as illegal.
Heard Mr. Karthik Sundaram, Learned Counsel appearing for the Petitioner, Mr. T.Arunkumar, Learned Additional Government Pleader appearing for the First Respondent and Mr. T.K.Bhaskar, Learned Counsel for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties.
2. The Second Respondent made a claim in Case No. MSEFC/CBER/111/2021 before the First Respondent under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as 'the MSMED Act' for short), for payment of Rs. 86,89,416/- from the Petitioner towards the value of goods supplied with interest calculated in terms of that Act, in which an order dated 25.02.2022 was passed holding that the Petitioner was liable to pay the sum of Rs. 86,89,416/- together with compounded interest with mont
The mandatory nature of the pre-deposit requirement under Section 19 of the MSMED Act and the discretion of the court to permit the buyer to remit the amount in installments.
Writ Jurisdiction – Access to High Courts by way of writ petition under Article 226 of Constitution of India, is not just a constitutional right but also a part of basic structure – It is available t....
Jurisdictional challenges to arbitration awards must be raised under Section 34 of the Arbitration Act, and the pre-deposit requirement under Section 19 of the MSME Act is mandatory.
The High Court cannot entertain writ petitions challenging awards of the Micro and Small Enterprises Facilitation Council without the mandatory deposit of 75% of the awarded amount as per Section 19 ....
The High Court cannot exercise its writ jurisdiction under Article 226 or 227 of the Constitution against the awards or orders passed by the Arbitral Tribunals as it would defeat the object of minimi....
Important Point : The court established that statutory remedies must be exhausted before invoking writ jurisdiction against awards under the MSMED Act.
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