Disposed

Atul Sethi S/O Shri Naveen Kumar v. Chairman Rajasthan Micro and Small Enterprises Facilitation Council

Rajasthan HC19 Jan 2023CW/1129/2023

Case brief

AI extract

What is this about?

This single-judge order disposed of a writ petition by directing the MSME Facilitation Council to conclude pending reference applications within three months, relying on a coordinate bench precedent upholding speedy disposal under Section 18(5) of the 2006 Act. It also disposed of all pending applications in the matter.

What did the court decide?

Direction to the MSME Facilitation Council to dispose of the petitioner's reference application within three months. All pending applications disposed of.

Atul Sethi S/O Shri Naveen Kumar Vs… — Pension and Retirement Benefits | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 1129/2023

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Atul Sethi S/o Shri Naveen Kumar, Aged About 31 Years, Resident Of Flat No. 7, Village Shivpuri, Village And Town, Sanganer, Block-A, City, Jaipur (Raj.)

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----Petitioner

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Versus

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

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The Chairman, Rajasthan Micro And Small Enterprises Facilitation Council, Dic, Jaipur (Urban), 22 Godam, Jaipur, Rajasthan 302 006.

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Ct University, Ferozpur Road, Ludhiana, Punjab-142024.

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----Respondents

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For Petitioner(s)	: Mr.	Prashant Daga, Adv. on behalf of
	Mr.	Prerit Goyal,Adv.
For Respondent(s)	:

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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19/01/2023

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Heard learned counsel for the petitioner.

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Counsel for the petitioner submitted that the issue involved in this writ petition is covered by the judgment passed by a Coordinate 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:-

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“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 of2006, the object and purpose of the Act is that MSME’s cannot be suffocated/ derailed in their businesses by non-

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(2 of 2)

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[CW-1129/2023]

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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 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.”

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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.

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This writ petition stands disposed of. All the pending applications also stand disposed of.

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(INDERJEET SINGH),J

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JYOTI /285

Atul Sethi S/O Shri Naveen Kumar v. Chairman Rajasthan Micro and Small Enterprises Facilitation Council

Case brief

What is this about?

What did the court decide?

Atul Sethi S/O Shri Naveen Kumar v. Chairman Rajasthan Micro and Small Enterprises Facilitation Council

Case brief

What is this about?

What did the court decide?

What the court decided

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