M/S Renuka Electricals And ... vs Chairman, Maharashtra State ...
2023 Latest Caselaw 9781 Bom

                                             1                             comap-1-2018.odt

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                NAGPUR BENCH : NAGPUR
                         COMMERCIAL APPEAL NO. 1/2018
         M/s Sonali Power Equipment, Nagpur through its Managing Director Vs.
           Chairman, Maharashtra State Electricity Board, Mumbai and others
                                         WITH
                         COMMERCIAL APPEAL NO. 6/2018
                M/s Linc Equipments, Nagpur through its Proprietor, Vs.
           Chairman Maharashtra State Electricity Board, Mumbai and others
                                         WITH
                         COMMERCIAL APPEAL NO. 5/2018
                 M/S Asian Electricals, Nagpur through its partner, Vs.
           Chairman Maharashtra State Electricity Board, Mumbai and others
                                         WITH
                         COMMERCIAL APPEAL NO. 9/2018
                     M/s Renuka Electrical and Controls, Nagpur, Vs.
           Chairman, Maharashtra State Electricity Board, Mumbai and others
                                         WITH
                        COMMERCIAL APPEAL NO. 7/2018
                   M/s Minerva Switch Gear and Control, Nagpur Vs.
           Chairman Maharashtra State Electricity Board, Mumbai and others
                                         WITH
                        COMMERCIAL APPEAL NO. 8/2018
                  M/s Saurabh Electricals, Nagpur through Partner Vs.
           Chairman Maharashtra State Electricity Board, Mumbai and others
                                         WITH
                        COMMERCIAL APPEAL NO. 2/2018
              M/s Sigma Transformers and Electricals Pvt. Ltd., Nagpur Vs.
           Chairman, Maharashtra State Electricity Board, Mumbai and others
                                         WITH
                        COMMERCIAL APPEAL NO. 4/2018
                   M/s Vijay Lakshmi Electricals Pvt. Ltd., Nagpur Vs.
           Chairman Maharashtra State Electricity Board, Mumbai and others
                                         WITH
                        COMMERCIAL APPEAL NO. 3/2018
                     M/s Ashlesha Electrical Equipment, Nagpur Vs.
           Chairman Maharashtra State Electricity Board, Mumbai and others

Office Notes, Office Memoranda of                            Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
           Shri S.P. Dhole, Advocate appellant in all the Commercial appeals
           Shri M.P. Khajanchi, Advocate for appellant in Commercial Appeal No. 5/2018
           Shri S.V. Purohit, Advocate for respondents in all appeals
                                                               2                     comap-1-2018.odt

                                                 CORAM :          SUNIL B. SHUKRE,
                                                                  A.S. CHANDURKAR AND
                                                                  AVINASH G. GHAROTE, JJ.

DATED : 20th SEPTEMBER, 2023.

After hearing the arguments of parties, and going through the Referral Judgment, we find it necessary to frame a question which is to be answered by this Court, it having been not framed in the judgment of reference. Parties agree that the question to be answered by this Court, which arises from the judgment of reference, is as under :

"i) Whether the provisions of Indian Limitation Act, 1963 are applicable to proceedings initiated under Section 18 of Micro Small and Medium Enterprises Development Act, 2006 ?"

2. We request the rival parties to submit their arguments forthwith on the above referred portion.

                                           [Judge]            [Judge]               [Judge]



                            Jayashree..

Signed by: Mrs. Jayashree Pethe Designation: PA To Honourable Judge Date: 20/09/2023 18:45:37