M/S. Ankit Metal And Power Limited ... vs West Bengal State Micro Small ...
2022 Latest Caselaw 2317 Cal

1
ss/jks   25.04.2022
                                            MAT 413 of 2022
                                                 With
                                             CAN 1 of 2022

                             M/s. Ankit Metal and Power Limited & Anr.
                                                Vs.
                             West Bengal State Micro Small Enterprise
                              Facilitation Council (WBSMSEFC) & Ors.

                      Mr.   Ratnanko Banerjee, Sr. Adv.
                      Mr.   Sudhasatya Banerjee
                      Mr.   Ratnesh Rai
                      Mr.   Ankan Rai
                      Mr.   S. N. Pandey
                                                              ... ... for the appellants
                      Mr. T. M. Siddiqui
                      Mr. N. Chatterjee
                                                                   ... ... for the State
                      Mr. Mohit Gupta
                      Mr. A. Chakraborty
                                                      ... ... for the respondent no.7

This matter was substantially heard on 21st April,

2022 and reserved for order and on request it is listed

today under "To Be Mentioned" heading.

At that stage learned counsel for the appellants

placing reliance upon the judgment of the Supreme Court

in the matter of Jharkhand Urja Vikash Nigam Limited

versus State of Rajasthan & Ors, 2021 SCC Online SC

1257 has submitted that the award passed by the MSME

Council is a nullity as after the conciliation proceedings

when the arbitral proceedings were taken up no

statement of claim was filed by the respondents.

Hence, there was no occasion to the appellants to

file the written statement.

Learned counsel for the respondent no.7 has

produced a copy of the statement of fact which was

stated to have been filed before the MSME Council. He is

permitted to file the same along with the affidavit during

the course of the day.

Meanwhile, learned counsel for the MSME will also

be at liberty to file requisite affidavit with the supporting

document during the course of the day.

List on 26th April, 2022.

(Prakash Shrivastava, C.J.)

(Rajarshi Bharadwaj, J.)