Proceeding Sheet vs Assam Seb {(2019) 19 Scc 529}
2023 Latest Caselaw 3657 AP

           HIGH COURT OF ANDHRA PRADESH
               MAIN CASE: W.P No. 6705 of 2005

                              PROCEEDING SHEET

SL.     DATE                             ORDER                          OFFICE
NO.                                                                      NOTE

16.   24.07.2023   RNT, J & BVLNC, J

                          By order dated 30.03.2005, rule nisi was
                   issued calling for the records.
                          2. It appears that the record has not been
                   received.
                          3. As argued by Sri Kasa Jaganmohan
                   Reddy, learned counsel, representing the learned
                   Advocate General, for the petitioner, objection
                   was taken before the Industrial Facilitation
                   Council (in short 'the Council') that the Council
                   had no jurisdiction to entertain the claim of the
                   respondent, inter alia, being barred by limitation

and also that for the claim above Rs.50,000/- the jurisdiction was with Civil Court.

4. He, however, further submits that the Council would have jurisdiction if the supply was made after coming into force of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (in short 'the Act 1993'), placing reliance on the judgment of the Hon'ble Apex Court in Shanti Conductors (P) Ltd. V. Assam SEB {(2019) 19 SCC 529}.

5. Any such objection, we do not find, prima facie, to have been taken before the Council.

SL.   DATE                          ORDER                          OFFICE
NO.                                                                 NOTE

6. However, on a specific query made by us, as to the date of the supply in the present case, learned counsel for the petitioner submits that there is nothing on the record as available to point out such date.

7. The copy of the claim petition filed by the respondent before the Council, as also the objection filed by the petitioner, if any, are also not on record.

8. Learned counsel for the respondent is also not in a position to point out the date of supply.

9. There are different claims before the Council with respect to different dates for which interest is claimed by the respondent, some of the dates are after the Act 1993.

10. As much emphasis has been placed by the learned counsel for the petitioner relying upon the judgment in Shanti Conductors (P) Ltd (supra), the date of supply becomes relevant.

11. The record of the Council is also not before us to enable to find out the complete particulars.

12. We consider it necessary to see the record of the Tribunal on the above aspects, as still the matter is on the point of jurisdiction of the Council to entertain the claim.

13. Registry to send reminder calling for the record of the Council, by the next date of

SL. DATE ORDER OFFICE NO. NOTE listing.

14. The petitioner may also file additional affidavit, bring on record the document etc., showing the date of supply with respect to each claim of the respondent.

15. Post on 21.08.2023.

_________ RNT, J

_________ BVLNC, J

Dsr