Cynosure Electric Company ... vs Micro And Small Enterprises ...
2023 Latest Caselaw 7167 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                   WP(C) NO. 20451 OF 2023
PETITIONER/S:

          CYNOSURE ELECTRIC COMPANY PRIVATE LTD,
          AGED 39 YEARS
          AMRUTHAM, TC 9/2023 SEKT-H1, THAMARAKULAM LANE,
          695010 SANKAR ROAD, SASTHAMANGALAM,
          THIRUVANANTHAPURAM REPRESENTED BY THE DIRECTOR
          RAVISANKAR UNITHIRI S/O JAYAKUMAR. N, AGED 39
          YEARS, RESIDING AT MANAKKATTU MATOM, TC 5/1853/1,
          PEROORKADA P.O., THIRUVANANTHAPURAM, PIN - 695005
          BY ADV S.K.ADHITHYAN


RESPONDENT/S:

    1     MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL
          REPRESENTED BY ITS CHAIRPERSON, DIRECTORATE OF
          INDUSTRIES & COMMERCE, VIKAS BHAVAN P.O,
          THIRUVANANTHAPURAM, PIN - 695033
    2     M/S. RDS PROJECT LTD.
          427, SOMDUTT CHAMBERS-II, 9, BHIKAJI CAMA PLACE,
          NEW-DELHI-110066, REGIONAL OFFICE AT SHIHAB
          THANGAL ROAD, PANAMPALLY NAGAR, KOCHI REP. BY ITS
          CHAIRMAN AND MANAGING DIRECTOR., PIN - 682019
OTHER PRESENT:

          SMT.VIDYA KURIAKOSE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 20451 of 2023



                              P.V.KUNHIKRISHNAN, J.
                             ======================================================

                               W.P.(C) No. 20451 of 2023
                         =============================================================

                       Dated this the 23rd day of June, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"i. To issue a writ of mandamus order or direction commanding the 1st respondent to issue appropriate orders as per the MSME Act, 2006 within a limit as may be prescribed by this Hon'ble Court in the interest of justice;

ii. To issue an order declaring that the non-consideration of Ext. P2 within 90 days from the date of making reference as per Section (5) under MSME Act by the 1 st respondent is violative of Article 14 and 21 of the Constitution of India;

iii. to issue an order or direction dispensing with translation of documents in vernacular language produced as Exhibits in the writ petition;

iv. to issue such other appropriate Writ. Order or direction as is deemed just and necessary in the circumstances of the case." (sic)

2. The petitioner is a private company engaged in the works

of electrical installation, is the submission. The grievance of the

petitioner is that there is some dispute between the petitioner and the

W.P.(C). No. 20451 of 2023

2nd respondent and even though an application is filed before the 1 st

respondent Council to redress the same, the same is not considered.

Hence, this writ petition is filed.

3. Heard the counsel for the petitioner and the Government

Pleader. No notice is issued to the 2 nd respondent at this stage. If the

2nd respondent is aggrieved by any of the directions in this judgment,

the 2nd respondent is free to file review petition before this Court.

4. The grievance of the petitioner is that Ext.P2 application

filed by the petitioner before the 1st respondent is not considered. I am

of the considered opinion that there can be a direction to the 1 st

respondent to consider Ext.P2 within a time frame, after giving an

opportunity of hearing to the petitioner and the 2nd respondent.

Therefore, this writ petition is disposed of in the following

manner:

1. The 1st respondent is directed to consider and pass appropriate orders in Ext.P2, if it is pending as on today, after giving an opportunity of hearing to the petitioner and

W.P.(C). No. 20451 of 2023

the 2nd respondent, as expeditiously as possible, at any rate, within 90 days from the date of receipt of a certified copy of this judgment.

2. The petitioner will produce a stamped certified copy of this judgment together with a copy of this writ petition before the 1st respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 20451 of 2023

APPENDIX OF WP(C) 20451/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE WORK AGREEMENT DATED 02.09.2015 EXECUTED BETWEEN THE PETITIONER AND THE 2 ND RESPONDENT Exhibit P2 . A TRUE COPY OF THE REFERENCE NO.UDAYAM-KL-12-0001032/M/00001 DATED 14/7/2022 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT