Kml Sourcing Solutions Vs the State of Andhra Pradesh

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I
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APHC010311892025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15653 OF 2025

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Between:

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KML Sourcing Solutions, Rep. by its Authorised Signatory, Dadi Kanaka Durga, W/o Dadi Ravikumar, Aged about 36 years, Regd. Office at D.No.49-54-15/1/4, Flat No. 101, Shree Keerthi Apartments, Chatrapati Street, Radhakrishna Layout, Seethammadhara, Visakhapatnam - 530013

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...Petitioner

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AND

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The State Of Andhra Pradesh, Rep by its Principal Secretary, Industries and Commerce Department, A.P. Secretariat at Velagapudi, Amaravathi, Guntur District

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A P Micro and Small Enterprises Facilitation Council MSEFC, Rep. by Commissioner, 8th Floor, APIIC Towers, Autonagar, Mangalagiri, Guntur-522503

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The Union of India, Rep. by its Secretary, Micro, Small, Medium Enterprises (MSME) Departi Udyog Bhawan, Rafi Marg,^NewDelhi - 110011

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KEC International Limited, Represented by its General Manager, RPG House, 1st Floor, 463, Dr Annie Besant Road, Worli, Mumbai - 400030

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the action of the Respondent No.2 in not disposing of the reference made by the^{Petitionerdated} 16-102024 under Section 18 of the Micro, Small, Medium Enterprises Development (MSMED) Act, 2006 as illegal, irregular, arbitrary, irrational, unjustified and unconstitutional and consequently direct the Respondent No.2 to expeditiously dispose the reference made by the Petitioner^underSection 18 of the Micro, Small, Medium Enterprises Development (MSMED) Act, 2006.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 to expeditiously dispose the reference made by the Petitioner dated 16-10-2024 under Section 18 of the Micro, Small, Medium Enterprises Development (MSMED) Act, 2006.

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Counsel for the Petitioner; SRI PRASAD ALAPATI

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Counsel for the Respondent No.1: GP FOR INDUSTRIES^COMMERCE Counsel for the Respondent Nos.2 & 4: NONE APPEARED

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Counsel for the Respondent No.3: SRI PASALA PONNA RAO, ADDITIONAL SOLICITOR GENERAL OF INDIA

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The Court made the following order:

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[3458]

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APHC010311892025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 15653/2025

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Between:

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1.KML SOURCING SOLUTIONS, REP. BY ITS AUTHORISED SIGNATORY, DADI KANAKA DURGA, W/0 DADI RAVIKUMAR, AGED ABOUT 36 YEARS, REGD. OFFICE AT D.NO.49-54-15/1/4, FLAT NO. 101, SHREE KEERTHI APARTMENTS, CHATRAPATI STREET, RADHAKRISHNA LAYOUT, SEETHAMMADHARA, VISAKHAPATNAM - 530013

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, INDUSTRIES AND COMMERCE DEPARTMENT, A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT

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2.A P MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL MSEFC, REP. BY COMMISSIONER, 8TH FLOOR, APIIC TOWERS, AUTONAGAR, MANGALAGIRI, GUNTUR-522503

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3.THE UNION OF INDIA, REP. BY ITS SECRETARY, MICRO, SMALL, MEDIUM ENTERPRISES (MSME) DEPARTI UDYOG BHAWAN, RAFI MARG, NEW DELHI - 110011

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4.KEC INTERNATIONAL LIMITED, REPRESENTED BY ITS GENERAL MANAGER, RPG HOUSE, 1ST FLOOR, 463, DR ANNIE BESANT ROAD, WORLI, MUMBAI - 400030

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...RESPONDENT(S):

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2

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring^theaction of the Respondent No.2 in not disposing of the reference made by the Petitioner dated 16-10-2024 under Section 18 of the Micro, Small, Medium Enterprises Development (MSMED) Act, 2006 as illegal, irregular, arbitrary, irrational, unjustified and unconstitutional and consequently direct the Respondent No.2 to expeditiously dispose the reference made by the Petitioner under Section 18 of the Micro, Small, Medium Enterprises Development (MSMED) Act, 2006 and pass

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to direct the Respondent No.2 to expeditiously dispose the reference made by the Petitioner dated 16-10-2024 under Section 18 of the Micro, Small, Medium Enterprises Development (MSMED) Act, 2006 and pass

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Counsel for the Petitioner;

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1. PRASAD ALAPATI

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Counsel for the Respondent(S):

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1.GP FOR INDUSTRIES COMMERCE

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The Court made the following:

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ORDER:-

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Heard Sri Prasad Alapati, learned counsel for the petitioner and learned Government Pleader for Industries and Commerce.

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The grievance of the petitioner is against the inaction of the 2^^ respondent in considering and disposing of the application of the petitioner dated 16.10.2024 for reference under Section 18 of the Micro, Small, Medium Enterprises Development (MSMED) Act, 2006.

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under the Mrcro, 3. The petitioner is a Micro Enterprise registererj Deveiopment (MSMED) Act, 2006. The petitioner Small, Medium Enterprises of motorways, streets, firm is involved in the construction and maintenance firm vide letter dated 08.05.2022 roads, highways, bridges, etc. The petitioner related to the construction of Rolling submitted quote with regard to the works for Bhopal Metro Rail Project Stock depot-cum-workshop at Subash Nagar 4th respondent issued Letter of Intent (Package BH-06). Subsequently, the ina works at Bhopal Depot Project, (LOI) for execution of piling and pile testing of Rs.54,49,307.45/-. Despite invoices were raised on 31.03.2023 to the tune firm, the 4‘'^ respondent did not pay. repeated requests by the petitioner Statement of the petitioner submitted a Seeking redressal of it’s grievances. Medium Enterprises Claims in Form-I under Section 18 of Micro, Small, 10.09.2024, The said application was Development (MSMED) Act, 2006 on the same has not 16.10.2024, however received by the 2^^ respondent on refer to the provisions under It is relevant to been taken up for conciliation. Development Section 18 (2) and 18 (5) of Micro, Small, Medium Enterprises (MSMED) Act, 2006, which reads as follows;

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Mirm and Small Enterprises Sec.18. Reference to

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Farilitation Council:

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(V

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under sub-section (1), the Council shall

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(2) On receipt of a reference seek the

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either itself conduct conciliation in the matter or centre providing alternate dispute

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assistance of any institution or resolution services by making a^{referencetosuchaninstitutionor} and the provisions of sections 65

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centre, for conducting conciliation Conciliation Act, 1996 shall apply to

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to 81 of the Arbitration and

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4

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V.

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such a dispute as if the conciliation was initiated under Part III of that Act.

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(3) (4) (5) Every reference made under this section shall be decided within a period of ninety days from the date of making such^{areference.”}

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In terms of the above provision, the 2^^ respondent is bound to conduct conciliation in the matter or to seek assistance of any institution or centre providing the alternative dispute resolution service by making a reference to such an institution or centre, for conducting^{conciliation.}

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In terms of the above provisions, since none of the steps have been taken by the 2^^ respondent, the writ petition is disposed of directing the 2^^ respondent to pass appropriate orders in accordance with law, in terms of Section 18 (2) of Micro, Small, Medium Enterprises Development (MSMED) Act, 2006. There shall be no order as to costs.

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As a sequel, interlocutory applications, pending if any, shall stand

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closed.

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Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// Section OFFICER

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To

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