M/S K.D. Infraengicon Private ... vs Jharkhand Micro And Small Scale ...
2022 Latest Caselaw 5173 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         W.P.(C) No.6244 of 2022
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M/s K.D. Infraengicon Private Limited ... Petitioner

-Versus-

1. Jharkhand Micro and Small Scale Enterprises Facilitation Council through the Under Secretary-cum-Member Secretary having its office at Nepal House P.O and P.S., District Ranchi, Jharkhand

2. DC, Ranchi, Jharkhand having its office at Deputy Para, Ahirtoli, P.O G.PO, P.S. Kotwali, District-Ranchi, Jharkhand

3. M/s Sharda Infrasolutions Private Limited through its Director Rishabh Sighania, S/O Sushil Kumar Singhnia having its office at A/302, Green Park, P.O and P.S. Bariatu, District Ranchi, Jharkhand ... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner : Mr. Shrestha Gautam, Advocate For the State : Ms. Priyanka Boby, A.C to Sr. S.C.I

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Order No.03 Dated 21st December, 2022

Mrs. Priyanka Boby, learned A.C to Sr. S.C.-I has appeared before this Court and she has prayed for time to file counter affidavit.

Mr. Shrestha Gautam, learned counsel for the petitioner-company has submitted that the impugned Award passed by the learned Court below is nullity in view of the judgment rendered in the case of Jharkhand Urja Vikash Nigam Limited vrs. State of Rajasthan and Others reported in 2021 SCC Online SC 1257 and also on account of non-compliance of provisions of Section 65 to 81 of the Arbitration and Conciliation Act, 1996 as well as Section 18(2) and 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006 (in short the MSMED Act). It is further submitted that respondent No.2 was not registered under the MSMED Act at the relevant period and he was registered on 12.10.2020 whereas, the subject matter of the dispute is for the period from 29.06.2019 to 29.10.2020. It is further submitted tby the learned counsel for the petitioner that the petitioner-company has paid more than 50% of the amount in question to the Opposite Party No.3.. It is further submitted that without holding or initiating any conciliation proceeding under Section 18(2) of MSMED Act and without referring the matter to Arbitration under Section 18(3) of MSMED Act, 2006, the impugned Award has been passed arbitrarily.

Issue notice upon the respondent No.3 by both process i.e, registered cover with A/D as well as under ordinary process, for which requisites etc., must be filed by Friday (i.e, on 23.12.2022).

Call for the scanned copies of the Lower Court Records from the Court concerned.

Accordingly, put up this case on 24.01.2023. The impugned Award passed by the learned Court below shall remain stayed till 24.01.2023 only subject to accounting of payment dispute to be shown by the petitioner.

(Sanjay Prasad, J.) Raja/-