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2022 Supreme(All) 1316

MANOJ MISRA, VIKAS BUDHWAR
Chhattisgarh Railway Corporation Limited(Crcl) – Appellant
Versus
Micro And Small Enterprises Facilitation Council(Msefc) – Respondent


Advocates Appeared:
For the Petitioner: Kamal Krishna Roy.

JUDGMENT :

(Manoj Misra, J.)

1. This writ petition seeks quashing of the award dated 07.06.2022 passed by the Micro and Small Enterprises Facilitation Council, Kanpur (for short Facilitation Council) in Claim Petition No. 270 of 2020 filed by the second respondent against the petitioner and to declare the entire proceeding in Claim Petition No. 270 of 2020 as void.

2. Briefly stated the facts giving rise to the writ petition are as follows:-

3. The second respondent claiming itself to be registered with the Directorate of Industries as a Small Enterprise under the provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (for short MSMED Act, 2006) with a valid registration No. UP50E0002921 filed a claim petition before the Facilitation Council for recovery of Rs. 35,03,998.03/- in respect of delayed payment of its dues claiming, inter alia, (i) that the opposite party (i.e. the writ petitioner herein) invited tenders for the work of Geotechnical Investigation in Reach 2 and Reach 3; (ii) pursuant to which, the claimants offer was accepted and both parties entered into a contract subject to the standard general terms and conditions; (iii) that the original work was

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