Jharkhand High Court
Himachal Pradesh State Electricity ... vs Gillooram Gaurishanker on 5 September, 2024
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P. (C) No.4887 of 2017
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Himachal Pradesh State Electricity Board, a State Government Undertaking,
Shimla through Ashok Kumar Meelu .... .... Petitioner(s)
Versus
Gillooram Gaurishanker, a unit of M/S Anvil Investments Private Limited,
Deoghar represented through its Director Govind Prasad Dalmia
.... .... Respondent(s)
With
W.P. (C) No.4896 of 2017
Himachal Pradesh State Electricity Board, a State Government Undertaking,
Shimla through Ashok Kumar Meelu, Assistant Engineer, (Electrical)
.... .... Petitioner(s)
Versus
Jharkhand Micro Small and Medium Enterprises Facilitation Council,
Government of Jharkhand through its Director of Industries-cum-Chairman,
Doranda, Ranchi & Anr. .... .... Respondent(s)
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner(s) : Mrs. Ritu Kumar, Adv.
Mr. Samavesh Bhanj Deo, Adv.
Ms. Shatakshi, Adv.
For the Respondent(s) : Mr. Kishore Kr. Singh, S.C.-V
Ms. Amrita Sinha, Adv.
Mr. Sushawan Bhowmik, Adv.
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th
15/Dated: 05 September, 2024
1. Heard the parties.
2. It appears that there is an agreement between the parties for supplying
ACSR 'Wolf' conductor. Notice Inviting Tender had been issued on
16.03.1995. The purchase order has been issued on 12.12.1995 and
agreement was signed between the parties on 24.02.1996.
3. It appears that some payment has been made but the demand has been
raised by the supplier with regard to the unloading charge and for delayed
payment vide letters dated 24.04.1996 and 03.06.1996. Thereafter, a case has
been filed in the year 2008 by the respondent before the Jharkhand Micro
Small and Medium Enterprises Facilitation Council (established under
Section-20 of the Micro, Small & Medium Enterprises Development Act,
2006) which was registered as Case No.JHMSEFC 05 of 2008.
4. Now, learned counsel for the petitioner has raised two points:-
(i) The cause of action has arisen before implementation of the
MSME Act which has been brought into force w.e.f.
02.10.2006.
(ii) The Award is not covered under the definition of the Award as
it lacks the necessary ingredients.
5. For that purpose, the learned counsel for the petitioner has relied upon
the judgments of the Hon'ble Apex Court in the case of Gujarat State Civil
Supplies Corporation Ltd. Versus MSME Commissionerate & Ors.
reported in (2023) 6 SCC 401 and in the case of Silpi Industries & Ors.
versus Kerela State Board Road Transport Corporation & Anr. reported
in (2021) 18 SCC 790.
6. On the other hand, learned counsel for the respondents has raised
preliminary objection that the writ petitions are not maintainable as because
there is alternative remedy available. The petitioner has also not deposited
75% of the amount which is mandatory. Further, point has also been taken
that there is delay in filing of the present writ petitions.
7. For the above purpose, the learned counsel for the respondents has
relied upon the judgment of the Hon'ble Supreme Court in the case of M/s.
India Glycols Ltd. & Anr. Versus Micro and Small Enterprises
Fcilitation Council, Medchal-Malkangiri & Ors. passed in Civil Appeal
No.7491 of 2023.
8. In view of the above submissions made by the parties, the present writ
petitions are hereby admitted, especially as jurisdiction/applicability of law
is an issue.
9. No notice is required to be issued as all the parties have already
appeared.
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10. During the pendency of the present writ petitions, the impugned show
cause notice dated 19.04.2017 issued by the District Judge No.14-cum-
Commercial Dispute, Dhanbad; further proceedings in connection with Civil
Execution Case No.78 of 2016; order contained in Memo No.3696 dated
03.12.2012 in Case No.JHMSEFC 05 of 2008 and the order contained in
Memo No.2624 dated 26.08.2015 passed by the Jharkhand Micro Small and
Medium Enterprises Facilitation Council, shall remain stayed.
(Rajesh Kumar, J.)
Amar/-
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