Municipal Council Shivpuri vs M/S Aditi Sales And Horticulture ...
2023 Latest Caselaw 6498 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                             WP No. 7792 of 2023
 (MUNICIPAL COUNCIL SHIVPURI Vs M/S ADITI SALES AND HORTICULTURE THROUGH PROPRIETOR
                               RAJESH KALE AND OTHERS)

Dated : 21-04-2023
        Shri Somya Pawaiya, learned counsel for the petitioner.

        Counsel for the petitioner submitted that the award under challenge
passed by the respondent no.2 herein under the provisions of the Micro, Small

and Medium Enterprises Development Act, 2006 (hereinafter referred to as "the MSMED Act") is perse illegal as the respondent no.1-Enterprises at the

time of transaction in question was not registered as per section 8 of MSMED Act, and therefore, in the light of the judgment passed by the Apex Court in the matter of Silpi Industries Etc. Vs. Kerala State Road Transport Corporation and another, 2021 SCC OnLine SC 439 could not have maintained the reference before the Council under the MSMED Act.

Hence, issue notice to the respondents on payment of process fee by RAD as well as ordinary mode within four working days.

Notice be made returnable within four weeks. List the matter in the week commencing 12th June, 2023 along with

W.P.No.7777/2023.

(MILIND RAMESH PHADKE) JUDGE

Pawar