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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. V. LAKSHMINARAYANAN, J
Sree Infratech India Private Limited – Appellant
Versus
The Chairman (MSEFC) & Director (Ind. & Com), Micro and Small Enterprises Facilitation Council (MSEFC) – Respondent
| Table of Content |
|---|
| 1. claims of abandonment and contractual obligations (Para 1 , 2 , 4) |
| 2. arguments regarding jurisdiction under the msme act (Para 11 , 12) |
| 3. role of mediation and arbitration in dispute resolution (Para 15 , 20) |
| 4. court's dismissal of the petition as premature (Para 24 , 27) |
ORDER
The petitioner claims to be a reputed infrastructure company. It engages in road construction and infrastructure development. It was awarded a contract by M/s.DRAI Private Limited. A sub-contract for electrical utility shifting under NH-844 project was awarded to the petitioner. The petitioner, in turn, appointed the second respondent for execution of the electrical utility shifting works. The sub contract was preceded by a Letter of Intent (hereinafter referred to as 'LOI') dated 01.10.2021. A Memorandum of Understanding (hereinafter referred to as 'MOU') dated 23.02.2022 was entered into by both the parties. The petitioner alleges that the sub contract had to be executed on a back-to-back basis. In terms of the LOI and MOU, the second respondent was responsible for execution, coordination, certification and obtaining approvals.
2. The petitioner states that the payment to be made was subjec
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