JUDGMENT :

ROHIT RANJAN AGARWAL, J.

1. This writ petition under Article 227 of the Constitution of India has been filed assailing the order dated 12.08.2021 passed by Commercial Court, Jhansi under Order VII, Rule 10 CPC directing the petitioner to take back application for execution of the award dated 22.09.2020 within seven days to be presented before the Court having jurisdiction. A prayer has also been made for setting aside the order dated 21.08.2021 passed by Commercial Court, Jhansi dismissing the Misc. Case No. 78 of 2021 for execution under the provisions of Order 7 Rule 11(d) and (f) CPC.

2. The petitioner before this Court is a private limited company registered under the provisions of Companies Act, 1956. It is duly registered as a MSME unit under the MICRO, SMALL AND MEDIUM ENTERPRISES ACT , 2006 (hereinafter called as “MSMED Act 2006”). It is engaged in the business of readymade garments having its principal place of business at Jhansi. The relationship between the petitioner and respondent No. 2 is that the petitioner is a supplier and respondent No. 2 is buyer. When the dispute arose between the parties, a reference/claim petition was filed by the petitioner before Fac