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2026 Supreme(Online)(Ker) 4077

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
AYYAPPA HYDRO POWER LIMITED – Appellant
Versus
THE MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL KERALA – Respondent


Advocates:
For the Appellants/Petitioners: K.SHAJ, BEENA N.KARTHA, ARUN CHAND, BHARAT VIJAY P., MINU VITTORRIA PAULSON, KEVIN JAMES, GOPIKA GOPAL, ARCHANA P.P., REN SHIBU, SHEHROON PATEL A.K.
For the Respondents: PHILIP T.VARGHESE, THOMAS T.VARGHESE, ACHU SUBHA ABRAHAM, V.T.LITHA, K.R.MONISHA, AFSANA ASHRAF, JIJO PAUL

Anil K. Narendran, J.

The appellants are the petitioners in W.P.(C)No.17972 of

2025, which is one filed invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P5 award dated 10.11.2020 in O.A.No.71 of 2018 of the 1st respondent Micro and Small Enterprises Facilitation Council, Kerala. The petitioners have also sought for a declaration that Ext.P5 award is not binding on the petitioners. In the writ petition, at the admission stage, the learned Single Judge granted an interim order dated 09.05.2025, which reads thus;

“Admit.

Issue notice to the respondents by speed post. In view of the contentions raised that the 1st respondent has no jurisdiction to entertain a complaint leading to the issue of Ext.P5 award, there will be an interim stay as prayed for, for a period of six weeks.”

2. On receipt of notice, respondents 2 and 3 entered appearance and filed a counter affidavit dated 20.06.2025, producing therewith Exts.R3 and R3(1) to R3(4) documents. The document marked as Ext.R3 is a copy of the order dated 26.07.2023 of the First Additional Commercial Judge, Thiruvananthapuram, in O.P.(Arbitration)No.

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