Serial No. 75

Supplementary-1 Cause List

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

CM (M) No. 310/2023

CM No. 6827/2023

Caveat No. 2641/2023

1. UT of Jammu & Kashmir through

Chief Engineer, M&RE Wing,

Presently Kashmir Power Development,

Corporation Limited, Srinagar.

2. Executive Engineer, Electric, Division Tangmarg.

… Petitioner(s)

Through: -

Mr Ilyas Nazir Laway, Government Advocate; and

Mr Faheem Nisar Shah, Government Advocate.

V/s

Zain Electricals, Rangreth, Srinagar through

Waseem Khateeb

S/O Khawaja Innayatullah Khateeb

R/O Rawalpora, Srinagar.

… Respondent(s)

Through: -

Mr Azhar-ul-Amin, Advocate.

CORAM:

HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE.

(ORDER)

08.11.2023

01.

With the appearance of Mr Azhar-ul-Amin, the learned

Counsel for the Caveator/ Respondent, Caveat No. 2641/2023 shall stand

discharged, accordingly.

02.

The Petitioners, through the medium of this Writ Petition filed

under Article 227 of the Constitution of India, seek a ‘Writ of Certiorari’

quashing the impugned Award/ Order dated 20^th of April, 2021 passed by

the Micro & Small Enterprises Facilitation Council, Kashmir Division,

Srinagar (for short ‘the Council’), Kashmir Division, Srinagar, in an

application titled ‘Wasim Ahmad Khateeb, M/S Zain Electricals v.

Assistant

Executive

Engineer,

Electric,

Sub-Special

Division

CM (M) No. 310/2023; CM No. 6827/2023

Caveat No. 2641/2023

Page 2 of 5

Tangmarg’ as well as an Order dated 13^th of June, 2023 passed by the

learned Additional District Judge (Bank Cases), Srinagar as the Executing

Court in Execution Petition titled ‘Zain Electricals v. Chief Engineer,

M&RE Wing and Anr.’

03.

The Petitioners are primarily aggrieved of the Award/ Order

dated 20^th of April, 2021 passed by the Council, claiming that the impugned

Award/ Order is bad, neither having been issued on cogent reasons nor the

proceedings under the Micro, Small and Medium Enterprises Development

Act, 2006 (for short ‘the Act of 2006’) have been followed and, as such,

seek setting aside of the Award/ Order as well as the Order dated 13^th of

June, 2023 passed by the Executing Court with respect thereto.

04.

Heard learned Counsel for the parties, perused the pleadings on

record and considered the matter.

05.

M/S Laway and Shah, learned Government Advocates,

appearing for the Petitioners, have vehemently argued that the Order sought

to be executed through the Executing Court does not conform to the

requirements of an Award passed under the Act of 2006, asserting further

that in terms of Section 18 of the Act, the Council is under an obligation to

conciliate the matter between the parties and in case the conciliation does

not succeed, then the matter is to be arbitrated in terms of the Arbitration &

Conciliation Act, 1996. They have further argued that the Order sought to

be executed has been passed by the Joint Director, I & C Department as

Secretary of the Council and that this Order dated 20^th of April, 2021 passed

by the Secretary of the Council cannot be stated to be an Award in

accordance with law, therefore, the Award sought to be executed before the

Executing Court is not an Award in the eyes of law and cannot be acted

upon and that the Executing Court had fallen in error by proceeding in the

matter, including attachment of the accounts of the Respondent by the

impugned Order dated 13^th of June, 2023. It has been further pleaded that

the Award and the Order impugned passed by the Executing Court thereto

are required to be set aside, allowing the application moved by the

CM (M) No. 310/2023; CM No. 6827/2023

Caveat No. 2641/2023

Page 3 of 5

Petitioner for interim relief till the matter is considered and decided by this

Court in the main Petition.

06.

Mr Azhar-ul-Amin, the learned Counsel, appearing on behalf

of the Respondent, on the other hand, has vehemently oppo