M/S. Bridge And Roof Co. (India) vs State Of Odisha And Others
2022 Latest Caselaw 1817 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            W.P.(C) No.5935 Of 2022
                            (Through hybrid mode)

        M/s. Bridge and Roof Co. (India)          ....            Petitioner
        Ltd., Kolkata
                                                Mr. S.S. Banerji, Advocate

                                     -versus-

        State of Odisha and others                ....     Opposite Parties
                                                    Mr. P.C. Panda, AGA

                  CORAM: JUSTICE ARINDAM SINHA

Order                              ORDER
No.                               14.03.2022

  01.   1.      Mr. Banerji, learned advocate appears on behalf of petitioner

and submits, his client seeks relief of quashing MSEFC Case no.68 of

2021 (M/s. Adarsh Nobel Corporation Ltd. v. Bridge & Roof

Construction Company India Ltd.), pending before the Council. He

submits, the contract was entered into by opposite party no.4 with his

client, prior to its registration as a small enterprise, pursuant to date of

filing on 18th December, 2015. He submits, his client has interim

application for stay of the case. He relies on judgment of Supreme

Court in Silpi Industries etc. v. Kerala State Road Transport

Corporation available at AIR Online 2021 SC 993, paragraph-26.

2. Mr. Panda, learned advocate, Additional Government Advocate

appears on behalf of State and submits he will obtain instructions.

// 2 //

3. Issue notice along with this order on opposite party no.4.

Petitioner will put in requisites.

4. Petitioner is at liberty to produce this order before the Council

and pray for adjournment on next date, if it falls before returnable

date.

5. List on 4th April, 2022.

(Arindam Sinha) Judge Sks