Rashtriyalspat Nigam Limited vs The Union Of India
2022 Latest Caselaw 1526 AP

                 HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                             MAIN CASE No.W.P.No.7616 of 2022
                                          PROCEEDING SHEET

Sl.No        DATE                                                                    Office
                                                     ORDER

Note 28.03.2022 RRR, J

The 4th respondent, claiming to be a A.P. Micro & Small Enterprises (MSME), to whom the The Micro, Small And Medium Enterprises Development Act, 2006 would be applicable, had approached the 3rd respondent for recovery of the amounts claimed by the 4th respondent against the petitioner. The claims relate to the work that is said to have been executed under a contract signed in the year 2007.

The petitioner has approached this Court by way of the present writ petition contending that the 3rd respondent does not have jurisdiction to take up the claim of the 4th respondent.

The petitioner relies upon the judgment of the Hon'ble Supreme Court in Silpi Industries Etc. vs. Kerala State Road Transport Corporation and Another1 and contends that the 3rd respondent would have jurisdiction only in the event of the petitioner having obtained registration as MSME as on the date of entering into the contract while the petitioner had registered itself much later.

Sri Ramachandra Rao Gurram, the learned counsel for the 4th respondent, disputes the said contention.

As batch of matters are already pending it would be appropriate to grant interim direction as prayed for.

2021 SCC OnLine SC 439

Accordingly, there shall be an interim direction as prayed for.

Post this writ petition along with W.P.No.27670 of 2021 on 06.04.2022.

_________ RRR, J Js.

Note: Issue C.C. today.