Madras High Court
Akshobhya Steels Pvt. Ltd vs The Joint Director on 1 October, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A.Nos.2510 and 2512 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2024
CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
W.A.Nos.2510 and 2512 of 2024
Akshobhya Steels Pvt. Ltd.,
rep. by its Executive Director Anil Kumar Ojha,
No.70/1A & 70/2, Alinjivakkam Village,
Ponneri Taluk,
Chennai-600 067. ..
Appellant-in
Person
in both WAs
[Cause-title of the appellant accepted vide
order dated 31.7.2024 made in CMP.Nos.15354 and
15360 of 2024 in W.A.Nos. SR 75913 and 75912 of 2024]
vs.
1.The Joint Director,
Micro and Small Enterprises Facilitation Council (MSEFC),
O/o The Regional Joint Director of Industries
and Commerce,
A 30 T.I. Vi. Ka. Industrial Estate,
Guindy, Chennai-600 032.
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W.A.Nos.2510 and 2512 of 2024
2.M/s.M.Shajahan Engineering Works,
rep. by its Proprietor N.Shajahan,
No.23/A, Balamurugan Street,
Chetpet Post, Polur Taluk,
Thiruvannamalai District,
Chetpet – 606 801. .. Respondents
in both WAs
Prayer : Appeals under Clause 15 of the Letters Patent against the
common order dated 22.02.2024 passed in W.P.Nos.3350 and 3370 of
2024.
For Appellant : Mr.Anil Kumar Ojha
Appellant-in-person
For Respondents : Ms.R.Monica Chopda
for Mr.Bosco
for respondent No.2
: No appearance
for respondent No.1
COMMON JUDGMENT
(Order of the Court was made
by the Hon'ble Chief Justice)
These writ appeals are impugning the common order dated 22nd
February, 2024, by which the writ petitions filed under Article 226 of the
Constitution of India came to be disposed of by giving directions to
respondent No.1 as also respondent No.2. Paragraph 5 of the said
impugned common order reads as under:
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W.A.Nos.2510 and 2512 of 2024
“5. In such circumstances, this Court without expressing any view
on the merits of the controversy involved in the matter, passes the
following order:-
(i) it shall be incumbent upon the First Respondent to send
due notice to the Petitioner, the Second Respondents and all
other persons concerned to attend the hearing on the said
date as well as on the subsequent dates to which it is
adjourned and ensure that there are atleast two effective
hearings every month showing progress of the case;
(ii) after affording full opportunity of hearing to all parties
concerned following the prescribed procedure in consonance
with the principles of natural justice, the First Respondent
shall deal with each of the contentions raised and pass
reasoned orders on merits and in accordance with law and
communicate the decision taken to them under written
acknowledgment; and
(iii) the report of such compliance shall be filed before the
Registrar (Judicial) of the Court.”
2. Though we are not satisfied that the order is appealable and the
appeals are maintainable, nevertheless, we shall dispose of these appeals
in view of the statement made by Ms.R.Monica Chopda, learned counsel
appearing for respondent No.2, that what remains is only for respondent
No.1 to give an Award. Both appellant (Mr.Anil Kumar Ojha, party-in-
person) and Ms.R.Monica Chopda state that parties have also filed
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W.A.Nos.2510 and 2512 of 2024
written submissions and the Council is to give only the Award. Both state
that the Council does not have a fixed pattern of hearing and a day before
the next date of hearing, an e-mail is sent that the Council will be sitting
on a particular date and time. Appellant states that even on that day
nothing is happening and the matters are simply adjourned. Appellant
states that the claim was lodged on or about 5th September, 2022 and
appellant, being an MSME Enterprise, the non-payment of the amount
by respondent No.2 is hurting the appellant badly.
3. Therefore, without going into the merits of the matter, we
dispose of both the appeals with a direction to the Micro and Small
Enterprises Facilitation Council to give its Award on merits and in
accordance with law on the claim made by appellant not later than 31 st
December, 2024. There shall be no order as to costs. Consequently,
C.M.P.No.17932 of 2024 is closed.
(K.R.SHRIRAM, CJ) (D.KRISHNAKUMAR,J.)
01.10.2024
Index : Yes/No
NC : Yes/No
bbr
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W.A.Nos.2510 and 2512 of 2024
To:
The Joint Director,
Micro and Small Enterprises Facilitation Council (MSEFC),
O/o The Regional Joint Director of Industries and Commerce,
A 30 T.I. Vi. Ka. Industrial Estate,
Guindy, Chennai-600 032.
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W.A.Nos.2510 and 2512 of 2024
THE HON'BLE CHIEF JUSTICE
AND
D.KRISHNAKUMAR,J.
bbr
W.A.Nos.2510 and 2512 of 2024
01.10.2024
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