Location: ORISSA HIGH COURT, CUTTACK Date: 25-Sep-2025 16:24:47 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.2332 of 2022 (In the matter of an application under Articles 226 and 227 of the Constitution of India, 1950).

M/s. Central Electronics Limited & …. Petitioner (s)

Anr.

-versus-

M/s. Surya International …. Opposite Party (s)

Advocates appeared in the case through Hybrid Mode:

For Petitioner (s) : Mr. D.P. Nanda, Sr. Adv.

Along with Mr. Rupesh Kumar Kanungo, Adv.

For Opp. Party (s) : Mr. S.S. Padhy, Adv.

On behalf of Mr. Gouri Mohan Rath, Adv.

CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI DATE OF HEARING:-31.07.2025 DATE OF JUDGMENT:-20.09.2025 Dr. Sanjeeb K Panigrahi, J.

1. The present Writ Petition has been preferred seeking quashing of the order dated 26.11.2021 passed by the learned District Judge, Cuttack in ARBP No.7/2021 to the extent that the Ld. District Judge has rejected the Petition filed by the present Petitioners under Section 5 of the Limitation Act and thereby declined to entertain the application filed under Section

19 of the MSMED Act, 2006 read with Section 34 of the A & C Act.

Location: ORISSA HIGH COURT, CUTTACK Date: 25-Sep-2025 16:24:47 I. FACTUAL MATRIX OF THE CASE:

2. That, the Petitioner No. 1 namely, M/s Central Electronics Limited is a Govt. of India Enterprise under Department of Scientific & Industrial Research (DSIR), Ministry of Science &. Technology. It was established in 1974 with an objective to commercially exploit the indigenous technologies developed by National Laboratories and R&D Institutions in the country.

3. The Container Corporation of India Ltd., a Public Sector Enterprise under the Ministry of Railways (hereinafter, referred to as “CONCOR/ Employer”) signed a Memorandum of Understanding (hereinafter, referred to as “MOU”) with the Petitioner No. 1 for Solar Electrification of 106 Households in Badil Bigha and 305 Households in Bahsa Pipra, along with 3 Solar Water Pumps and drip irrigation systems in Badil Bigha in Gaya District of Bihar.

4. Pursuant to the MOU dated 23.6.2015, the Petitioner No. 1 issued Tender Call Notice No. C-2(b) /RC/0700/4325/2015 dated 14.7.2015 (hereinafter, referred to as “Tender Notice”), for the “Supply of Balance of System, Installation, Commissioning and AMC of 5 years for Solar Mini Grid Power Plant in Gaya Bihar”.

5. Vide purchase order dated 29.9.2015, the present Opposite Party was allotted the work of supply of balance system, installation, testing, commissioning, warranty (including annual maintenance) for five years for a complete/composite work of 1 Nos. of Solar Mini grid Power- plants for Badil Bhiga village and 2 Nos. 15 KW Solar mini grid power plant for Bahsa Pipra village adhering to the standardized norms. The Location: ORISSA HIGH COURT, CUTTACK Date: 25-Sep-2025 16:24:47 total value of the work allotted was Rs. 1,68,90,500/-. In the Purchase order, dated 29.9.2015, it was specified that, all specifications, terms and conditions will be followed as per Tender Notice and that payment will be made on “back to back basis”.

6. After installation and commissioning of 12KWP Solar Mini Grid at Badil Bigha Village Gaya-Bihar, on 12.8.2016, a Joint Site Survey was conducted by the Representatives of CONCOR and Petitioners, pursuant to which a Joint Inspection Certificate, dated 28.01.2017 was issued. As the Solar Power plant at Badil Bigha Village was commissioned and was working properly, the requisite payment of Rs. 65,95,750/-(Rupees Sixty Five Lakh Ninety Five Thousand Seven Hundred Fifty only) as against this portion of the purchase order was made to the Opposite Party.

7. Disputes arose between the party qua the remaining portion of work, i.e. 2 Nos. 15 KW Solar mini grid power plant for Bahsa Pipra village. Resultantly, the present Opposite Party filed a claim application before the MSEFC, Odisha, Cuttack on 11.3.2019 which was registered as MSEFC Case No. 19 of 2019.

8. Upon receiving notice dated 5.4.2019, the present Petitioners appeared before the MSE