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2018 Supreme(Ori) 357

VINEET SARAN
Mahavir Ferro Alloys Pvt. Ltd. – Appellant
Versus
Passary Minerals Ltd. – Respondent


Advocates Appeared:
For the Petitioner: M/s. Tanmaya Mishra & J.K. Mohapatra
For the Opp. Party : Mr. Pratap Ch. Mishra

JUDGMENT :

Vineet Saran, J.

On 09.04.2015, the petitioner had placed purchase order with the opposite party for supply of refractory materials. After the supply was made, the opposite party raised certain claim with the petitioner-company, which was refuted by the petitioner by its reply dated 12.01.2016. The opposite party then, for its claim/recovery of amount due for the goods supplied by it to the petitioner, made a reference to the Micro, Small Enterprises Facilitation Council, Cuttack (for short, ‘MSEFC’) under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (for short, “MSME Act 2006”). The MSEFC thereafter allowed the claim of the opposite party on 07.02.2017 and directed the petitioner to pay a sum of Rs.35,36,683 along with interest. The said order of the MSEFC has been challenged by the petitioner by filing a writ petition bearing W.P.(C)No.10685 of 2017, wherein an order of stay has been passed. The petitioner thereafter on 19.04.2017 wrote to the opposite party, pointing out that the plant operations of the petitioner-company have been affected due to sub-standard materials supplied by the opposite party and thus raised a demand, clearly stati






































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