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2023 Supreme(Telangana) 251

P. MADHAVI DEVI
Narayana Educational Institutions – Appellant
Versus
Telangana Regional Micro and Small Enterprises Facilitation Council MSEFC – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N Jeevan Kumar

ORDER :

In both these Writ Petitions the petitioner is seeking a Writ of Prohibition to quash the proceedings initiated by the respondent No.2 before the respondent No.1 vide MSEFC-Case Nos. TS/09/S/RGY/00328 & TS/09/S/RGY/00329, as being barred by limitation as held by the Hon’ble Supreme Court in the case of Shilpi Industries Vs. Kerala State Road Transport Corporation, reported in 2021 SCC Online SC 439 and to pass such other order or orders.

2. Brief facts leading to the filing of the present writ petitions are that the respondent No.2 has filed an application before the respondent No.1 under Section 18 of the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006. On issuance of notice to the petitioner herein, the petitioner has filed its counter taking a preliminary objection that the claim petition was barred by limitation and therefore, the respondent No.1 ought not to have entertained the said application. To the said counter affidavit, respondent No.2 has also filed its reply affidavit. The grievance of the petitioner is that without adjudicating on the preliminary objection raised by the petitioner about the applicability of Limitation Act, the respondent No.1

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