HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD.

****

THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA

AND

THE HON’BLE JUSTICE GADI PRAVEEN KUMAR

WRIT APPEAL No.1460 OF 2025

DATE: 16.12.2025

Between :

M/s. Merrito Polymers (India) Private Limited

…Appellant

Versus

The State of Telangana,

Industries & Commerce Department,

Telangana Secretariat, Hyderabad,

Rep. by its Principal Secretary, and 2 others

…Respondents

Ms. B. Neeraja Reddy, learned counsel appearing for the appellant

Ms. J. Sunitha, the learned Assistant Government Pleader representing the learned Government Pleader for Industries and Commerce appearing for the

respondent Nos.1 and 2.

JUDGMENT: (Per Hon’ble Justice Moushumi Bhattacharya

1. The Writ Appeal arises out of an order dated 14.10.2024 passed by a learned Single Judge of this Court in W.P.No.24139

of 2023.

2. The Writ Petition was filed by the appellant seeking a Writ of Mandamus to declare the Award passed by the respondent

No.2/the Micro and Small Enterprises Facilitation Council, Medchal-Malkajgiri District (Facilitation Council) in Case No.21C/IFC/2018/52181, dated 06.07.2023, as null and void. The appellant also filed I.A.No.1 of 2023 for suspending the Award dated 06.07.2023.

3. Learned counsel appearing for the appellant initially sought time on the ground that the respondent No.3, in whose favour the Award had been passed, is not represented.

4. After considering the impugned order, the material on record and the submissions of counsel for the appellant, we do not find that notice is required in the matter.

5. The Writ Petition filed by the appellant was devoid of merit since the appellant/petitioner had an alternative remedy under the provisions of The Arbitration and Conciliation Act, 1996 (‘1996 Act’). Hence, the learned Single Judge was correct in disposing of the Writ Petition by granting liberty to the appellant/writ petitioner to avail the alternative remedy available under law.

6. We deem it fit to record the submissions made on behalf of the appellant.

7. The appellant claims to be a Buyer in a contract entered into between the appellant and the respondent No.3 for the supply and installation of Clean Room Construction and Accessories with HEPA Filter Air Supply. The respondent No.3 claimed that it supplied the material as per the purchase order placed by the appellant and submitted a final bill on 04.10.2017. Despite several reminders and follow-ups, the appellant/Buyer did not pay the balance principal amount of Rs.15,40,268/- due for the material supplied and the services rendered.

8. The respondent No.3 approached the Facilitation Council, which culminated in the Award dated 06.07.2023. By the said Award, the Facilitation Council directed the appellant to pay Rs.15,40,268/- towards the principal amount due to the respondent No.3 along with interest as stipulated in the MSMED Act, 2006, namely, interest with monthly rests at three times of the bank rate as notified by the RBI and prevailing in the corresponding years under section 16 of the MSMED Act, 2006 from the appointed day to till the date on which the respondent makes full and final payment. The principal and interest amounts were directed to be paid by the appellant to the respondent No.3 within a month from the date of receipt of that Award.

9. The appellant approached the High Court and filed a Writ Petition (W.P.No.24139 of 2023) under Article 226 of the Constitution of India for a declaration that the Award passed by the Facilitation Council is illegal and arbitrary and in breach of the principles of natural justice.

10. By the impugned order, the learned Single Judge disposed of the Writ Petition on inter alia the ground that the appellant had an alternative efficacious remedy under section 34 of the 1996 Act. The learned Single Judge was of the view that entertaining a Writ Petition under Article 226 of the Constitution against an Award passed by the Facilitation Council would defeat the object and purpose of The Micro, Small and Medium Enterprises Developme