M/S.Utility Powertech Limited vs The Micro Small Enterprises ...
2023 Latest Caselaw 14579 Mad

Madras High Court

M/S.Utility Powertech Limited vs The Micro Small Enterprises ... on 22 November, 2023

Author: D.Bharatha Chakravarthy

Bench: Sanjay V.Gangapurwala, D.Bharatha Chakravarthy

                                                              W.A.Nos.3211, 3214 & 3215 of 2023


                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 22.11.2023

                                                      CORAM


                             THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                       AND
                                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
                                         W.A.Nos.3211, 3214 & 3215 of 2023

                     M/s.Utility Powertech Limited
                     Rep. by Mr.Ganta Himakara Rao
                     Vellivoyal Chavadi, Ponneri Taluk                       Appellant
                     Thiruvallur District, Chennai – 600 103.         ..     in all W.As

                                                        Vs.

                     1. The Micro Small Enterprises Facilitation Council
                        Chennai Region, Rep. by its Chairman
                        Guindy, Chennai 600 032.

                     2. M/s. Shree Shara Enterprises
                        Flat No.1/46, E.Tamilarasu
                        Malima Nagar, Vilangadupakkam
                        Perumal Koil Street, Ground Floor                    Respondents
                       Chennai 600 052.                               ..     in all W.As

                     Prayer in W.A.No.3211 of 2023: Appeal filed under Clause 15 of the
                     Letters Patent against the order in W.P.No.22059 of 2023 in
                     10.08.2023;
                     Prayer in W.A.No.3214 of 2023: Appeal filed under Clause 15 of the
                     Letters Patent against the order in W.P.No.21703 of 2023 in
                     21.08.2023;


                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                 W.A.Nos.3211, 3214 & 3215 of 2023




                     Prayer in W.A.No.3215 of 2023: Appeal filed under Clause 15 of the
                     Letters Patent against the order in W.P.No.22063 of 2023 in
                     10.08.2023.


                                      For the Appellant       : Mr.B.Deepak Narayanan
                                      in all W.As


                                                    COMMON JUDGMENT

(Delivered by the Hon'ble Chief Justice) Heard Mr.B.Deepak Narayanan, learned counsel for the

appellant.

2. Learned counsel for the appellant submits that in fact, the

appellant had taken a ground that the second respondent is not a

registered entity at the time of contract and as it is not a registered

entity, it cannot invoke the provisions of the Micro, Small and

Medium Enterprises Development Act, 2006.

3. From the judgments on record, we do not find that the said

issue was being agitated. Though it is submitted that submissions

were made to that effect, the orders do not depict the same.

https://www.mhc.tn.gov.in/judis W.A.Nos.3211, 3214 & 3215 of 2023

4. Learned counsel for the appellant seeks leave to withdraw

the present appeals and file review petition/s.

5. The writ appeals, accordingly, are disposed of. The appellant

may file review petition/s, as may be permissible under law. There

will be no order as to costs. Consequently, C.M.P.Nos.26243, 26263

and 26259 of 2023 are closed.

                                                              (S.V.G., CJ.)            (D.B.C., J.)
                                                                                       22.11.2023
                     Index            : Yes/No
                     Neutral Citation : Yes/No

                     drm


                     To

1. The Micro Small Enterprises Facilitation Council Chennai Region, Rep. by its Chairman Guindy, Chennai 600 032.

https://www.mhc.tn.gov.in/judis W.A.Nos.3211, 3214 & 3215 of 2023

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm)

W.A.Nos.3211, 3214 & 3215 of 2023

22.11.2023

https://www.mhc.tn.gov.in/judis