National Electircal Equipments ... vs Chairman Rajasthan Micro And ...
2021 Latest Caselaw 5805 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             S.B. Civil Writ Petition No. 2456/2021

National Electircal Equipments Corporation, Through Its Partner
Mr. Rajesh Patawari, Khasara No. 246/386 And 247/1, Village
Bawadi Sarna Dungar, Jhotwara Extension, Jaipur - 302017
                                                                  ----Petitioner
                                 Versus
1.    Chairman    Rajasthan          Micro       And      Small    Enterprises
      Facilitation Council, Office Of Commissioner Industries,
      Udyog Bhawan, Tilak Marg C-Scheme, Jaipur- 302005
2.    Tata Projects Ltd., Through Its Managing Director First
      Floor, Tower - 1, Okaya Centre, B-5, Sector 62, Noida
      201301 Gautam Buddha Nagar, Uttar Pradesh
                                                              ----Respondents

Connected With S.B. Civil Writ Petition No. 2458/2021 National Electrical Equipments Corporation, Through Its Partner Mr. Rajesh Patawari, Khasara No. 246/386 And 247/1, Village Bawadi Sarna Dungar, Jhotwara Extension, Jaipur - 302017

----Petitioner Versus

1. Chairman Rajasthan Micro And Small Enterprises Facilitation Council, Office Of Commissioner Industries, Udyog Bhawan, Tilak Marg C-Scheme, Jaipur- 302005

2. Tata Projects Ltd., Through Its Managing Director First Floor, Tower - 1, Okaya Centre, B-5, Sector 62, Noida 201301 District Gautam Buddha Nagar, Uttar Pradesh

----Respondents S.B. Civil Writ Petition No. 2465/2021 National Electrical Equipments Corporation, Through Its Partner Mr. Rajesh Patawari, Khasara No. 246/386 And 247/1, Village Bawadi Sarna Dungar, Jhotwara Extension, Jaipur - 302017

----Petitioner Versus

1. Chairman Rajasthan Micro And Small Enterprises Facilitation Council, Office Of Commissioner Industries,

(2 of 5) [CW-2456/2021]

Udyog Bhawan, Tilak Marg C-Scheme, Jaipur- 302005

2. Tata Projects Ltd., Through Its Managing Director First Floor, Tower - 1, Okaya Centre, B-5, Sector 62, Noida 201301 Gautam Buddha Nagar, Uttar Pradesh

----Respondents S.B. Civil Writ Petition No. 2466/2021 National Electrical Equipments Corporation, Through Its Partner Mr. Rajesh Patawari, Khasara No. 246/386 And 247/1, Village Bawadi Sarna Dungar, Jhotwara Extension, Jaipur - 302017

----Petitioner Versus

1. Chairman Rajasthan Micro And Small Enterprises Facilitation Council, Office Of Commissioner Industries, Udyog Bhawan, Tilak Marg C-Scheme, Jaipur- 302005

2. Tata Projects Ltd., Through Its Managing Director First Floor, Tower - 1, Okaya Centre, B-5, Sector 62, Noida 201301 Gautam Buddha Nagar, Uttar Pradesh

----Respondents S.B. Civil Writ Petition No. 2467/2021 National Electrical Equipments Corporation, Through Its Partner Mr. Rajesh Patawari, Khasara No. 246/386 And 247/1, Village Bawadi Sarna Dungar, Jhotwara Extension, Jaipur - 302017

----Petitioner Versus

1. Chairman Rajasthan Micro And Small Enterprises Facilitation Council, Office Of Commissioner Industries, Udyog Bhawan, Tilak Marg C-Scheme, Jaipur- 302005

2. Tata Projects Ltd., Through Its Managing Director First Floor, Tower - 1, Okaya Centre, B-5, Sector 62, Noida 201301 Gautam Buddha Nagar, Uttar Pradesh

----Respondents S.B. Civil Writ Petition No. 2468/2021 National Electrical Equipments Corporation, Through Its Partner Mr. Rajesh Patawari, Khasara No. 246/386 And 247/1, Village Bawadi Sarna Dungar, Jhotwara Extension, Jaipur - 302017

----Petitioner Versus

1. Chairman Rajasthan Micro And Small Enterprises

(3 of 5) [CW-2456/2021]

Facilitation Council, Office Of Commissioner Industries, Udyog Bhawan, Tilak Marg C-Scheme, Jaipur- 302005

2. Tata Projects Ltd., Through Its Managing Director First Floor, Tower - 1, Okaya Centre, B-5, Sector 62, Noida 201301 Gautam Buddha Nagar, Uttar Pradesh

----Respondents S.B. Civil Writ Petition No. 2469/2021 National Electrical Equipments Corporation, Through Its Partner Mr. Rajesh Patawari, Khasara No. 246/386 And 247/1, Village Bawadi Sarna Dungar, Jhotwara Extension, Jaipur - 302017

----Petitioner Versus

1. Chairman Rajasthan Micro And Small Enterprises Facilitation Council, Office Of Commissioner Industries, Udyog Bhawan, Tilak Marg C-Scheme, Jaipur- 302005

2. Tata Projects Ltd., Through Its Managing Director First Floor, Tower - 1, Okaya Centre, B-5, Sector 62, Noida 201301 Gautam Buddha Nagar, Uttar Pradesh

----Respondents S.B. Civil Writ Petition No. 2471/2021 National Electrical Equipments Corporation, Through Its Partner Mr. Rajesh Patawari, Khasara No. 246/386 And 247/1, Village Bawadi Sarna Dungar, Jhotwara Extension, Jaipur - 302017

----Petitioner Versus

1. Chairman Rajasthan Micro And Small Enterprises Facilitation Council, Office Of Commissioner Industries, Udyog Bhawan, Tilak Marg C-Scheme, Jaipur- 302005

2. Tata Projects Ltd., Through Its Managing Director First Floor, Tower - 1, Okaya Centre, B-5, Sector 62, Noida 201301 Gautam Buddha Nagar, Uttar Pradesh

----Respondents S.B. Civil Writ Petition No. 2477/2021 National Electrical Equipments Corporation, Through Its Partner Mr. Rajesh Patawari, Khasara No. 246/386 And 247/1, Village Bawadi Sarna Dungar, Jhotwara Extension, Jaipur - 302017

----Petitioner Versus

(4 of 5) [CW-2456/2021]

1. Chairman Rajasthan Micro And Small Enterprises Facilitation Council, Office Of Commissioner Industries, Udyog Bhawan, Tilak Marg C-Scheme, Jaipur- 302005

2. Tata Projects Ltd., Through Its Managing Director First Floor, Tower - 1, Okaya Centre, B-5, Sector 62, Noida 201301 Gautam Buddha Nagar, Uttar Pradesh

----Respondents

For Petitioner(s) : Mr. Himanshu Agnihotri.

For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

23/10/2021

Heard learned counsel for the petitioner.

Counsel for the petitioner submitted that the issue involved

in these writ petitions is covered by the judgment passed by a Co-

ordinate Bench of this Court in S.B. Civil Writ Petition

No.2247/2018, decided on 07.02.2018 wherein this Court has held

as under:-

"Without addressing the question as to whether Section 18(5) of the Act of 2006 can be construed mandatory or as merely directory, taken in the context of the Act of 2006, the object and purpose of the Act is that MSME's cannot be suffocated/ derailed in their businesses by non-payment of amounts due for goods supplied/ service rendered within time and payment of interest is specifically provided for at rates set out in the event of delay in payment by the buyer. Resultantly the intent of the Act of 2006 for expeditious disposal of the references made to the MSME Facilitation Council by a micro, small and medium enterprise is clearly evident. In the instant case about ten references have been made as detailed hereinabove by the petitioner- Company between the years 2012-2015 for reason of non payment of interest statutorily provided for reason of delays in payment of the principal amounts due by

(5 of 5) [CW-2456/2021]

the buyer for goods received and consumed. Yet as of today in the month of February 2018 the said references have not been decided. This situation of pending references for upto five years is wholly unreasonable cannot be countenanced as it is starkly contrary to Section 18(5) of the Act of 2006."

In that view of the matter, the MSME Facilitation Council is

directed to dispose of the petitioner's reference application, after

registration and due notice to the opposite party-if not already

served, within a period of three months from the date of

presentation of a certified of this order.

These writ petitions stand disposed of

(INDERJEET SINGH),J

MG/120-128

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