Ambuja Cement Ltd., Ambujanagar, ... vs The Micro And Small Enterprises ...
2022 Latest Caselaw 4612 Bom

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        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  NAGPUR BENCH, NAGPUR.


                        WRIT PETITION NO.359/2021


Ambuja Cement Ltd.,
through it's Managing Director,
Ambujanagar, Tal. Kodinar,
Dist. Gir Somnath (earlier Junagadh),
Gujarat 362 715.                                                            ..Petitioner.

            -Vs.-

1.       The Micro and Small Enterprises
         Council, through its Chairman,
         Ydyog Bhavan, Civil Lines,
         Nagpur.

2.       Macgale Pneumatic Private Limited,
         through it's Managing Director, N65,
         MIDC Hingna Industrial Area,
         Nagpur 440 016.                                                 ..Respondents.
 -----------------------------------------------------------------------------------------
Mr. Rahul Tajne, Advocate for the petitioner.
None for respondent No.1 though served.
Mr. Rohit Joshi, Advocate for respondent No.2.
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                                     CORAM : SUNIL B. SHUKRE AND
                                             SMT. M.S. JAWALKAR, JJ.

DATE : 29 APRIL 2022

ORAL JUDGMENT (Per Sunil B. Shukre, J.)

Heard. Rule. Rule made returnable forthwith. Heard finally by wp359.2021.odt

consent.

2. It is seen that the impugned order dated 19th August 2020 has been

passed by Micro and Small Enterprises Council, Nagpur without giving

adequate opportunity to the petitioner, which has violated the principle of

natural justice and, therefore, such an order cannot be sustained in the eye

of law. The petition is, therefore, allowed. The impugned order is hereby

quashed and set aside. The matter is remanded back to the Micro and Small

Enterprises Council, Nagpur for rehearing and fresh decision, in accordance

with law, as early as possible, keeping all questions open. Rule is made

absolute in the above terms. No costs.

(SMT. M.S. JAWALKAR, J.) (SUNIL B. SHUKRE, J.)

Signed By:NILESH VILASRAO TAMBASKAR Private Secretary Tambaskar.

Signing Date:29.04.2022 18:06