Jaipur Development Authority vs M/S Kamtech Associates Private ...
2022 Latest Caselaw 6679 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 15240/2022

Jaipur Development Authority
                                                                    ----Petitioner
                                    Versus
M/s Kamtech Associates Private Limited & Anr.
                                                                 ----Respondents

For Petitioner(s) : Mr. Yuvraj Samant with Ms. Neha Amola For Respondent(s) : Mr. Prabhansh Sharma

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

14/10/2022

Learned counsel for the petitioner submits that the order

dated 03.08.2021 passed by the learned Micro and Small

Enterprises Facilitation Council, Jaipur is in violation of the

provisions of Section 18 of the Micro, Small and Medium

Enterprises Development Act, 2006. He submits that the petitioner

has been saddled with liability to pay a sum of ₹10,03,237/-

without conducting any arbitral proceedings which is bad in law. To

buttress his submissions, learned counsel relied upon a judgment

of Hon'ble Apex Court of India dated 15.12.2021 in case of

Jharkhand Urja Vikas Nigam Limited versus the State of

Rajasthan: Civil Appeal No.2899/2021.

Issue notice.

Notice on behalf of the respondent No.1 is accepted by Mr.

Shri Prabhansh Sharma, learned counsel. He prays for and is

granted time to file reply.

(2 of 2) [CW-15240/2022]

List the matter on 21.10.2022 after showing name of Mr.

Prabhansh Sharma, learned counsel in the cause list as counsel for

the respondents.

Heard learned counsel for the petitioner on interim relief.

Taking into consideration the contentions advanced by him

and the material on record, this Court deems it just and proper to

stay the operation and execution of the order dated 03.08.2021,

till further orders.

However, the respondents shall be at liberty to move an

application under Article 226(3) of the Constitution of India, if so

advised.

(MAHENDAR KUMAR GOYAL),J

Manish/s-279

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