IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.07.2024 CORAM THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.18496 of 2024 G. Vikkas Chordia ... Petitioner Vs.

1. Micro, Small and Medium Enterprises Facilitation Council, Through its Secretary, The Regional Joint Director of Industries and Commerce, A30, TI.VI.KA Industrial Estate, Guindy, Chennai – 600 032.

2. The Commissionerate of Industries and Commerce, Through its Regional Joint Director, A30, TI.VI.KA Industrial Estate, Guindy, Chennai – 600 032. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to accept the petitioner's complaint under Section 18 of the MSMED Act, 2006 by rectifying the technical issue on the MSME – Samadhaan Delayed Payment Monitoring System or, in the alternate permit the petitioner to file a physical copy of the complaint before the respondents.

For Petitioner : Mr.Antony R.Julian For Respondents : Mr.N. Naveen Kumar

ORDER

This Writ Petition has been filed seeking a direction to the respondents to accept the petitioner's complaint under Section 18 of the MSMED Act, 2006 by rectifying the technical issue on the MSME – Samadhaan Delayed Payment Monitoring System or, in the alternate permit the petitioner to file a physical copy of the complaint before the respondents.

2. The case of the petitioner is that, the petitioner is the sole proprietor of an electronics manufacturing and assembly business under the name and style of Excel India Tech (Unit). His business is registered as a Micro Enterprise under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Ac) having Udyog Aadhaar No. TN02D0195377 registered on 11.06.2020 and Udyam Registration Bearing No.UDYAM-TN-02-0291477 registered on 07.04.2024. The petitioner and counsel for petitioner have been trying to file a reference before MSME Facilitation Council through the “MSME SAMADHAAN – Delayed Payment Monitoring System” online portal to resolve an issue regarding non-payment of invoice by one of the Consignee since 30.04.2004 upto current date. The reference was not accepted due to technical short falls on the respondent's website resulting in failure of filing the reference. The counsel for petitioner visited the respondent's office premises on 02.05.2024, 06.06.2024 and 13.06.2024 in-person to resolve the technical difficulty persisting in respondent's website. The petitioner's counsel also sent a grievance mail to the Champions Desk on 02.05.2024. This was subsequently followed by a further follow up mail on 07.06.2024 reiterating the ongoing issue being faced. Till date, there has been no response from the Champions Desk either. On the last visit to the respondent's office on 13.06.2024, the respondent's officials conveyed that they are unable to further address or resolve the grievance internally, and directed the petitioner's counsel to lodge a formal grievance ticket via the official online portal designated for MSME grievances. Upon the advise of the respondent's officials, the counsel for petitioner raised a grievance ticket on 14.06.2024 bearing the Ref. No.TN00115701 on behalf of the petitioner. Despite all efforts undertaken by the petitioner to address and rectify this persisting technical issue, no response has been received either from the Respondent's Champions Desk or through the Grievance Portal. Additionally, counsel for the petitioner proposed to submit the reference in-person, accompanied by all pertinent documents. However, respondent's officials refused to allow it. Hence, with no other option, this writ petition was filed.

3. The Learned Government Advocate appearing for the respondents has got instructions and submitted a letter dated 18.07.2024 issued by the Regional Joint Director of Industries and Commerce (FAC)/Secretary, MSEFC-Chennai, Guindy, Chennai – 600 032, wherein it is stated that MSME Samadhaan online portal is developed by Ministry of Micro, Small an