Swastik Asphalt Private Limited vs Chairman, Rajasthan Micro And ...
2022 Latest Caselaw 7624 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 17497/2022

Swastik Asphalt Private Limited, Resident Of 321, City Centre,
Sanchar Chandra Road, Jaipur Through Its Authorized Signatory
Vishnu Pachaury (Director).
                                                                         ----Petitioner
                                    Versus
1.     Chairman,      Rajasthan          Micro      And          Small    Enterprises
       Facilitation Council, Office Of Commissioner Industries,
       Udyog Bhawan, Tilak Marg, C-Scheme, Jaipur- 302005.
2.     Commissioner,          Municipal       Council,           Near     Suraj   Pole
       Chaurha, Townl Hall, Pali-306401.
                                                                   ----Respondents

For Petitioner(s) : Mr. Himanshu Agnihotri For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

05/12/2022

Heard learned counsel for the petitioner.

Counsel for the petitioner submitted that the issue involved

in this writ petition 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

(2 of 2) [CW-17497/2022]

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 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.

The present writ petition stands disposed of.

(INDERJEET SINGH),J

Upendra Pratap Singh /114

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