WP(C)/10041/2015
2021 Latest Caselaw 376 Ori

W.P.(C) No.10041 of 2015

W.P.(C) No.10041 of 2015 and Misc. Case. No.11574 of 2016

09. 11.01.2021 This matter is taken up by video conferencing mode.

Mr. Gautam Misra, learned Senior Advocate enters appearance for Opposite Party No.6 and produces memo of appearance in Court today along with the Synopsis and the objection to the amendment application, which are taken on record.

Heard Mr. G. Mukherji, learned Senior Advocate for the Petitioner and Mr. Gautam Misra, learned Senior Advocate for Opposite Party No.6.

Mr. Gautam Misra, learned Senior Advocate for Opposite Party No.6 apologies for the earlier submission made in the previous occasion that the validity of the provision of Micro, Small and Medium Enterprises Development Act, 2006 has been upheld by the Hon'ble Supreme Court in Power Machines India Ltd. v. State of Madhya Pradesh and others, AIR 2017 SC 2567.

In fact, on a perusal of the said judgment, it appears that that is not the case.

Mr. G. Mukherji, learned Senior Advocate for the Petitioner refers to Miscellaneous Case No.11574 of 2016 filed by the Petitioner seeking to substitute the second paragraph of the prayer made in the writ petition to add to challenge the order dated 1st March, 2016 passed by the learned MSEFC in MSEFC Case No.24 of 2010 (Annexure-6).

For the reasons stated in the said application, the same is allowed and the amendment to the prayer as sought for is permitted to be carried out.

The Court reiterates that the interim order, which is continued by the orders dated 25th February, 2016, 6th April, 2016 and 27th November, 2020, shall continue during the pendency of the present writ petition.

The name of Mr. Gautam Misra, learned Senior Advocate for Opposite Party No.6 be reflected in the brief as well as in the cause list and the name of Mr. D. Pati and Associates, learned counsel be deleted from the cause list.

List this matter for final hearing on 26th April, 2021.

As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No.4587, dated 25th March, 2020.

( Dr. S. Muralidhar) Chief Justice

( S. Panda ) Judge

M. Panda