K.R. Mohapatra, J. IA No. 17789 of 2023 & W.P.(C) No. 36825 of 2023 1. This matter is taken up through hybrid mode.

2. Award dated 7th September, 2023 (Annexure-1) passed by Micro and Small Enterprises Facilitation Council, Cuttack (for brevity ‘the Council’) in MSEFC Case No.50 of 2022 is under challenge in this writ petition.

// 2 // W. P. (C) NO. 36825 of 2023 Page 2 of 20 2.1 The IA has been filed for with a prayer to stay operation of the impugned award under Annexure-1. Facts of the Case :- <br/>

3. The Petitioner is a Company registered under the Companies Act, 2013. Award under Annexure-1 is assailed on the ground that it has been passed by the Council without following the mandatory provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (for brevity ‘the MSMED Act’). The matter came up for admission on 4th December, 2023. By that date, the Opposite Party No.3, namely, M/s Kalinga Industries had entered appearance. Entertaining IA No.17789 of 2023 filed with a prayer to stay operation of the impugned award under Annexure-1, this Court passed an interim order staying operation of the award till the next date of posting, i.e., till 3rd January, 2024, the date to which the matter was posted. The said order was assailed by the Opposite Party No.3 before the Hon’ble Supreme Court in Special Leave to appeal bearing SLP(Civil) No.27607 of 2023. Hon’ble Supreme Court disposed of the said Special Leave to Appeal on 15th December, 2023 with the following order:-

“The impugned order is in the nature of ad interim order and the High Court is yet to apply its mind on the question of granting interim order. Hence, no interference is called for at this stage. In fact, time has been granted to the petitioner to file a reply as indicated in the impugned order. Therefore, it is always open for the petitioner to oppose the continuation of ad interim order on all permissible grounds. Needless to add that the High Court will hear the prayer for interim relief independently as the observations made in the impugned order are only tentative observation.

Subject to what is observed above, the Special Leave Petition is disposed of.

Pending application(s), if any, shall stand disposed of accordingly.”

// 3 // W. P. (C) NO. 36825 of 2023 Page 3 of 20 3.1 The matter was taken up on the date fixed, i.e., on 3rd January, 2024 when the aforesaid order passed by the Hon’ble Supreme Court was brought to the notice of this Court. On the said date, counter affidavit was filed by Opposite Party No.3 serving copy thereof on learned counsel for the Petitioner. On receipt of copy of the counter affidavit, learned Senior Advocate, Mr. Rath for the Petitioner sought for an adjournment to go through the counter affidavit and take instruction. Accordingly, the matter was posted to 20 th February, 2024. On the said date, further adjournment was sought for on behalf of Mr. Rath, learned Senior Advocate appearing for the Petitioner and the matter was accordingly posted to 22nd February, 2024. IA No.17789 of 2023 was taken up for consideration on that date. However, learned Senior Advocates appearing for the parties made a submission that notice need not be issued to Opposite Party Nos.2, 4 and 5 because their presence is not necessary for adjudication of the interim application as well as the writ petition. It was also submitted by learned Senior Advocates for the parties that interest of justice will be best served if the writ petition is disposed of finally.

3.2 Accordingly, the matter was taken up on 26th February, 2024 for further hearing. During the aforesaid period, interim order was allowed to continue; and on 26th February, 2024, the matter was finally heard and judgment was reserved. Legal submissions on behalf of the Petitioner :- <br/>

4. Mr. Rath, learned Senior Advocate submitted that no concil