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2023 Supreme(Mad) 3072

S. SOUNTHAR
BVS Distilleries Private Limited, Rep. by its Director, B. V. Subba Rao, Andhra Pradesh – Appellant
Versus
Chairperson, Micro & Small Enterprises Facilitation Council, Chennai – Respondent


For the Petitioner:G. Muthukumar, Advocate. For the Respondents:R1 & R2, S. Anitha, Special Government Pleader, R3, Ashokapathy, M/s. Pass Associates, Advocates.

JUDGMENT

(Prayer: Writ Petition is filed Under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records pertaining to the Impugned Order in MSEFC/CR/170/2021 dated 28.12.2022 passed by the 1st respondent and to quash the same.)

1. The writ petition is filed challenging the order passed by the 1st respondent directing the petitioner to pay a sum of Rs.50,26,895/- (Rupees Fifty Lakhs Twenty Six Thousand Eight Hundred and Ninety Five only) along with compound interest with monthly rests, at three times the bank rate.

2. According to the 3rd respondent, it is engaged in the manufacturing of Machineries for Bottling Plant and Stainless Steel Tanks and the above said sum together with interest was due from the petitioner to the 3rd respondent based on 23 Nos. of Invoices raised by it towards goods supplied. The 3rd respondent made a claim before the 1st respondent-Council under Section 18(1) of the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as 'MSMED Act' for brevity). As the conciliation attempted by the 1st respondent failed, it proceeded to decide the matter on merits and passed above said order directing the

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