Disposed

P.K.Shanavaz v. the Micro and Small Enterprises Facilitation Council

Kerala HC27 Oct 2023WA/2412/2019

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ appeal challenging a refusal to entertain a W.P. seeking quashing of an MSMEFC award and directing mediation. The court directed the appellant to deposit Rs. 15 Lakhs and directed the Council to conciliate the issues de novo under Section 18 of the MSMED Act, 2006.

What did the court decide?

The appellant directed to deposit Rs. 15 Lakhs; O.A. No. 10/2011 restored to MSEFC files; Council directed to conciliate issues de novo under Section 18 of MSMED Act, 2006.

P.K.Shanavaz Vs the Micro and Small Enterprises… — Specific Performance | Kerala HC (2023)

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W. A. No. 2412 of 2019

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945

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WA NO. 2412 OF 2019

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AGAINST THE JUDGMENT WP(C) 38750/2015 OF HIGH COURT OF

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KERALA

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APPELLANT/S:

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P.K.SHANAVAZ
AGED 61 YEARS
S/O.MUHAMMAD, PROPRIETOR, PIONEER LATEX
INDUSTRIES, P.B.NO.13, PALAPARAMBA ROAD,
P.O.KUTHUPARAMBA, PIN-670643, KANNUR DISTRICT.
BY ADVS.
R.SURENDRAN
KUM.S.MAYUKHA

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RESPONDENT/S:

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1THE MICRO AND SMALL ENTERPRISES FACILITATION
COUNCIL,
KERALA, DIRECTORATE OF INDUSTRIES AND COMMERCE,
VIKAS BHAVAN, THIRUVANANTHAPURAM-695001.
2ANTONY KURIAN,
PROPRIETOR, M/S.NJAVALLIL LATEX (P) LTD.,
32/1862, CHATHANGATTU ROAD, PALARIVATTOM, KOCHI-
682025.

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BY ADVS.
SRI.N.KRISHNA PRASAD (BY ORDER)

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OTHER PRESENT:

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SR.GP.T.K.VIPINDAS;
SR.ADV. RAMESH BABU S. FOR R2.

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W. A. No. 2412 of 2019

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J U D G M E N T

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Dated this the 27^th day of October, 2023

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A. J. Desai, C. J.

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By way of the present appeal filed under Section 5 of the Kerala High Court Act, 1958, the original petitioner has challenged the judgment dated 15.07.2019 in W. P. (C) No. 38750 of 2015 by which the learned Single Judge refused to entertain the petition seeking the following reliefs:-

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“a) Quashing Exhibit P15 Award dated 27-12-2012 in O.A.No.10 of 2011 passed by the first respondent Micro and Small Enterprises Facilitation Council of Kerala, Thiruvananthapuram, Camp at Ernakulam;

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b) Directing the first respondent to conduct mediation or conciliation as provided under section 18(2) of the Micro, Small and Medium Enterprises Development Act, 2006 and only on failure of such mediation or conciliation either refer the matter for Arbitration or do the arbitration by itself after affording reasonable opportunity to the petitioner to file his objections and present his evidence.”

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W. A. No. 2412 of 2019

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We have heard the learned Advocates appearing for the respective parties. We also perused the original records and proceedings received by this Court as per the order dated 05.12.2019 passed by a coordinate Bench, the award dated 27.12.2012 passed by the Micro and Small Enterprises Facilitation Council of Kerala, the interim order dated 08.07.2015 in Original Petition (Arbitration) No. 157 of 2013 passed by the Additional District Judge, Ernakulam, and several other documents, including the notices issued by the Council to the present appellant / original petitioner and considered the decision of the Hon’ble Apex Court in Jharkhand Urja Vikas Nigam Limited v. State of Rajasthan [2022 (1) KLT 141 (SC)] .

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Considering the peculiar facts and circumstances of the case and the fact that proper conciliation was not been carried out by the Council and also that the award was passed way back in the year 2012, asking the present appellant to pay Rs. 23,80,273.33/as principal amount along with compound interest at the rate of 18%, we dispose of this appeal with the following directions:-

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W. A. No. 2412 of 2019

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(i) The present appellant shall deposit an amount of Rs. 15,00,000/- (Rupees Fifteen Lakhs only) before the Micro and Small Enterprises Facilitation Council of Kerala within a period of four weeks from today. On depositing the said amount, O. A. No. 10/2011 of MSEFC shall be restored to the files of the Council.

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(ii) The present appellant shall file his counter before the Council and the Council shall conciliate the issues between the parties as per the provisions of Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006, and thereafter proceed with the case de novo.

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(iii) The Council shall decide the issue without being influenced by the judgment of the learned Single Judge, order of the District Court as well as the present judgment.

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(iv) Records and proceedings shall be returned to the Council through the concerned District Court, at the earliest, preferably within a period of 10 days from today.

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W. A. No. 2412 of 2019

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The writ appeal is accordingly disposed of. Pending

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Interlocutory Applications, if any, shall stand closed.

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Sd/-

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A. J. DESAI CHIEF JUSTICE

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Sd/V. G. ARUN JUDGE

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W. A. No. 2412 of 2019

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APPENDIX OF WA 2412/2019

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PETITIONER ANNEXURES
ANNEXURE 1CERTIFIED COPY OF THE ORDER
SHEET/PROCEEDINGS OF THE MICRO AND SMALL
ENTERPRISES FACILITATION COUNCIL IN
O.A.NO.10 OF 2011, ISSUED BY THE
DISTRICT COURT, ERNAKULAM.

P.K.Shanavaz v. the Micro and Small Enterprises Facilitation Council

Case brief

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P.K.Shanavaz v. the Micro and Small Enterprises Facilitation Council

Case brief

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