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2014 Supreme(All) 799

D. Y. CHANDRACHUD, DILIP GUPTA
PAPER & BOARD CONVERTORS – Appellant
Versus
U. P. STATE MICRO & SMALL ENTERPRISES – Respondent


Advocates:
Counsel :
Swapnil Kumar for the Petitioner; A.S.G.I. for the Respondents.

JUDGMENT

By the Court.—The petitioner is a partnership firm which is registered under the provisions of the Indian Partnership Act, 1932 and is also registered as a small scale industry. The petitioner is engaged in the business of processing, manufacture and conversion of various kinds of papers and paper products. The petitioner is registered with the National Small Industries Corporation as a supplier of paper products to Government departments in accordance with the rate contracts which are issued from time to time by the second respondents.

2. During 2005, 2008 and 2009, rate contracts were awarded to the petitioner for the supply of paper products which the petitioner claims to have supplied to designated consignees. According to the petitioner, goods were supplied but payments were not made.

3. On 3 June 2011, the petitioner served an Advocate’s notice on the second respondent for the payment of its outstanding dues failing which, it was stated that it would be constrained to initiate proceedings under the Micro, Small and Medium Enterprises Development Act, 2006 (2006 Act). On 3 October 2011, the petitioner filed a claim before the Micro and Small Enterprises Facilitation Co
































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