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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 8496 OF 2019

Bajaj Auto Limited,

A Company registered under

The Companies Act, 1956 having

its registered Office at : Akurdi,

Pune, Through its Authorized Officer

Mr. Madhusudan S/o Mohanlal Mundada,

Age : 60 Yrs, Occ. :- Service,

R/o Waluj, Aurangabad

.. Petitioner

Versus

1.

The State of Maharashtra

Through Directorate of Industries,

Second Floor, New Administrative Bldg.,

Madam Cama Road, Opp.

Mantralaya, Mumbai.

2.

Joint Director of Industries for

Development Commissioner (Industries)

Second Floor, New Administrative Bldg.,

Madam Cama Road, Opp.

Mantralaya, Mumbai.

3.

M/s S. M. Solar Products Ltd.,

C-187, MIDC, Waluj,

Aurangabad – 431136

Through its Director/Authorized Signatory,

Mr. Suresh A. Fulare,

Age :- 45 yrs, Occ:- Service,

R/o Aurangabad.

4.

Micro, Small & Medium Enterprises

Felicitation Council (Sukarta Parishad),

Through its Chairman and Member

Secretary (Industry Facilitation Council,

Aurangabad Division, Aurangabad),

Joint Director of Industries,

Aurangabad Region,

Vikas Bhavan, Second Floor,

Adalat Road, Aurangabad-431001.

.. Respondents

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Shri L. D. Vakil, Advocate for the Petitioner.

Shri K. B. Jadhavar, A.G.P. for the Respondent Nos. 1 and 2.

Shri V. D. Sapkal, Senior Advocate i/by Shri Yogesh S. Thorat,

Advocate for the Respondent No. 3.

The Respondent No. 4 is served.

CORAM :

SANDEEP V. MARNE, J.

CLOSED FOR JUDGMENT ON

:

17.10.2022

JUDGMENT PRONOUNCED ON :

20.10.2022

JUDGMENT :

.

Rule. Rule made returnable forthwith. With the consent

of parties taken up for final hearing.

2.

Maintainability of writ petition challenging the award of

the Micro and Small Enterprises Facilitation Council and

jurisdiction of the Council to decide a dispute arising before

coming into effect of the Micro, Small and Medium Enterprises

Development Act, 2006 are the two issues that need to be

determined in the present petition.

3.

Considering the broad two legal issues to be decided in the

petition, it is not necessary to narrate the entire factual

background under which the dispute between the parties has

arisen.

4.

Petitioner is a well known automobile manufacturer

having one of its manufacturing facilities at Waluj in

Aurangabad. Respondent No. 3 is a manufacturer of silencers,

which are supplied inter alia to Petitioner. The dispute pertains

to outstanding payment in respect of parts supplied by the

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respondent No. 3 to Petitioner during the years 2001-2002.

5.

After coming into effect the Micro, Small and Medium

Enterprises Development Act, 2006 (for short “MSMED Act”), the

respondent No. 3 registered itself as a supplier. A claim was filed

by it before the Micro and Small Enterprises Facilitation

Council, Aurangabad, which was registered as Reference

Proceeding No. MSMED/2/2012, which came to be dismissed by

Award dated 06.08.2012 holding that respondent No. 3 had

already received an amount of Rs. 1,50,000/- towards full and

final settlement from Petitioner. The Award was challenged by

respondent No. 3 in Writ Petition No. 9101 of 2012, which came

to be dismissed for non-prosecution on 06^th September, 2021.

6.

Without disclosing filing and decision of earlier

proceedings, the respondent No. 3 filed a fresh claim before the

Facilitation Council in the year 2017 demanding amounts of Rs

8.64 Crores and Rs. 1,16,393.30 along with interest. The claim

was resisted by Petitioner by filing its counter raising both the

issues of suppression of earlier proceedings as well as jurisdiction

of the Council to deal with the dispute relating to the period prior

to coming into effect of the MSMED Act. By Award dated 28^th

April, 2019, the Council has proceeded to uphold the