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2018 Supreme(UK) 257

SUDHANSHU DHULIA
Mahvir Transmission Udyog Private Limited – Appellant
Versus
Paschimanchal Vidyut Vitran Nigam Limited – Respondent


Advocates Appeared:
For the Appellant :Mr. Rajat Mittal, Advocate
For the Respondent:Mr. Rakesh Upadhyaya, Advocate, holding brief of Mr. D.S. Patni, Advocate

JUDGMENT :

Sudhanshu Dhulia, J.

The appellant before this Court calls itself a small scale enterprise as defined under Section 7 of the Micro, Small and Medium Enterprises Development Act, 2006. The appellant also comes under the definition of “supplier” which is given under Section 2(n) of the said Act and which reads as under:

“(n) "supplier" means a micro or small enterprise, which has filed a memorandum with the authority referred to in sub-section (1) of section 8, and includes,--

(i) the National Small Industries Corporation, being a company, registered under the Companies Act, 1956 (1 of 1956);

(ii) the Small Industries Development Corporation of a State or a Union territory, by whatever name called, being a company registered under the Companies Act, 1956 (1 of 1956);

(iii) any company, co-operative society, trust or a body, by whatever name called, registered or constituted under any law for the time being in force and engaged in selling goods produced by micro or small enterprises and rendering services which are provided by such enterprises;”

2. According to the appellant, ACSR Weasel conductor was supplied by the appellant to respondent no. 1 as per contract. Thereafter some d









































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