HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14602/2022 M/s Natural Stone Creation, 11, Paneri Upwan Road No. 4, Near Station Chouraha, Udaipur, Rajasthan 313001 Through Proprietor Loveneet Bhati S/o Sh Dinesh Bhati, Age 32, R/o 99, Badgaon Bedia Link Road, Old Fatehpura, Udaipur 313001
----Petitioner Versus M/s Raj Rocks Exports Pvt. Ltd., G-4 To G-9, Stone Park, Nh 65, Nagaur Road, Jodhpur 342304, Through Authorized Signatory Pankaj Solanki R/o Rayalti Naka Balsamand, Jodhpur, Rajasthan.
----Respondent For Petitioner(s) : Mr. Gopal Sandhu.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
09/01/2023
It is submitted by learned counsel for the petitioner that on receipt of notice dated 26.11.2021 from the Rajasthan Micro and Small Enterprises Facilitation Council, Jodhpur Division, Jodhpur, the petitioner raised objections regarding the maintainability of the claim before the Council.
Whereafter, the petitioner on obtaining the requisite document, made another application based on judgment in Ms. Silpi Industries etc. v. Kerala State Road Transport Corporation & Anr., inter alia, with the submissions that as on the date of sale, the claimant was not registered with the MSME Council, the claim was not maintainable, however, without deciding the said submissions made by the petitioner, the Council is proceeding further by holding that the conciliation process has come to an (Downloaded on 09/01/2023 at 11:28:20 PM) (2 of 2) [CW-14602/2022] end and that arbitration process has to be initiated, which action of the respondents in proceeding with the matter without deciding the objections about maintainability is not justified.
In view of the submissions made, issue notice. Issue notice of the stay application also.
In the meanwhile and till further orders, further proceedings in MSME Reference No.RJ/22/5/JDH/00113 made by M/s Raj Rocks Exports Pvt. Ltd. v. M/s Natural Stone Creation, shall remain stayed.
(ARUN BHANSALI),J 94-Sumit/-
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