Municipal Council Shivpuri vs M/S Aditi Sales And Horticulture
2023 Latest Caselaw 6499 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                                WP No. 7791 of 2023
        (MUNICIPAL COUNCIL SHIVPURI Vs M/S ADITI SALES AND HORTICULTURE 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