Disposed

M/s. Netxcell Limited v. Telangana State Board of Intermediate Education

Telangana HC19 Sept 2024WP/18847/2024

Case brief

AI extract

What is this about?

Writ petition seeking enforcement of an award passed by the Micro and Small Enterprises Facilitation Council against government education boards. The matter was settled amicably through a Memorandum of Understanding where the petitioner accepted the principal amount and forgone interest, leading to closure of the petition.

What did the court decide?

Writ petition closed based on out-of-court settlement/MoU; petitioner to accept principal amount of Rs. 39,06,048/-. No costs.

M/s. Netxcell Limited Vs Telangana State… — Public Procurement and Tenders | Telangana HC (2024)

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[^32e6 ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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THURSDAY HE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRIJUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 18847 OF 2024

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Between:

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M/s. NETXCELL LIMITED, A company registered under the Companies Act, 1956, Vide Registration No. 033740 10110312000, Having its present Regd., Office at H. No. B-2jzlfifn and 3, 3rd Floor, Plot no.92, Road.2, Banjara Hills, Hyderabad 500096, T.S., Rep. by its CEO, Sri Chennamaneni Vivek, S/o Ch. Vidyasagar Rao, Hindu, agod about 5'1 Yrs., R/o Hyderabad.

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...PETITIONER

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AND

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Telangana State Board of lntermediate Education, Rep. by its Secretary, Govt., of Telangana, Vidhya Bhavan, Nampally, HYDERABAD - 500 001. T.S

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The Commissioner of Board of lntermediate Education, Government of Telangana, Nampally, Hyderabad, 500 001 . T.S.

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia^praying thatⁱⁿ the circumstances stated in the affidavit filed therewith, the High Court may be^pleased to issue a writ, order, or direction more^particularly one in the nature of Writ^of Mandamus, declaring the inaction of the respondents herein in complying with the Award of the Micro and Small Enterprises Facilitation Council, Ranga^Reddy Division established under Section 20 of the Micro, Small Medium Enterprises Development Act, 2006, passed in Case No. 1517IMSEFCl2022, dated 0310212024 as illegal, unlaMul and opposed to the^principles of natural^justice and^{violation of} Rule of Law and in consequence direct the respondents herein to^pay the^Petitioner Company forthwith the awarded amount of dues by the Micro and^Small Enterprises Facilitation Council, Ranga Reddy Division established under^Section 20 of the Micro, Small Medium Enterprises Development Act, 2006,^passedin Case No. 1517|MSEFC|2022, dated 0310212024, i.e. the Principal amount^{of dues} of Rs.39,06,048 (Rupees Thirty Nine Lakhs, Six Thousand and^{Forty Eight only)} and interest of Rs. 49,43,163, (Forty-Nine Lakhs, Forty-Three^{Thousand, One} Hundred and Sixty-Three only), totaling to Rs. 88,49,211l-^{(Eighty-EightLakhs,} Forty-Nine^{Thousand, Two Hundredand Elevehonly) as per Sections15 and 16 of} MSMED Act, 2006 and further Compound lnterest w.e.f . O310212024^{with monthly} rests shall be payable at the rate of 3 times of the Bank Rate as^{notified by}

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Reserve Bank of rndia from time to time tirr rearization of dues, i.e., ti the day of final payment made to the petitioner by the respondents

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lA NO: 'l OF 2024

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Petition under section 'r51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, t'."Higr-, court may o" pL".Lalo airu"t the respondents herein to pay the petitioner coripany forthwith an amount of Rs. 95'6_6 799/- in compriance with the Award of the lr,iicro and Srra enterprises Facilitation pggnclt, Ranga Reddy Division estabiisned under Ser:tion 20 of the Micro- Small Medium Enterprises Deveropment Act, 2006, passed in case No. 1517lMsEFct2022, dated 03r02t2024, consisting of the principar amount of Jues of Rs.39,06,048 (Rupees Thirty Nine Lakhs, Six Ttousand and Forty f_igni ;n[4 anO interest ofRs. 49,43,163, (Forty-Nine Lakhs Forty-Three Thousand one Hundred and Sixty-Tiree onry), totaring to Rs. 8g,4g,211li lergr'ty-eight rrr,r,., Fortvlruin" Thousand, Two Hundred and Ereven onry) as per bections 15 and 16 of MSMED Act, 2006 and further compound tnterest w.ef . o3r02t2o2a iriti rontnrv-r."t, payable at the rate of 3 times of the Bank Rate as notified by Reserve e;nk ;t inoia from time to time calculated up to 30' June,2024

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Counsel for the^petitioner: SRl. DR p BHASKARA MOHAN

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9g_Tl"-"_l_fgllle^{Respondents: SRt K SR|N|VASARAo (Sc} FoR BoARD oF INTERMEDIATE EDN TS)

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETIT ION No.18847 of2024

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ORDER:

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This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner, seeking following relief:

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"...ro issue q urit, order, or cltrectron more partia arlA one in the nature of Wit of Mandamus, declaing the inaction of the respondents heretn in complying uith *rc Auard of the Micro and Small Enterprises Facilitatton Council, Ranga Red.dg Diuision established under Section 20 of the Micro, Small Medium Enterpises Deuelopment Act, 2006, passed. in Case No. 1517/MSEFC/2022, dated 03/02/2024 as iuegal, unlawJul and. opposed to the pinciples of natural justice and uiolation of Rule of Lau and in consequence cl.trect the respond.ents herein to pag the Petitioner ComponA fofthwith the ctuarded amount of dues bg the Micro and Small Enterprises Facilitatton Council, Ranga Red"d.g Diuision establtshed under Section 20 of the Micro, Small Med.ium Enterprises Deuelopment Act, 2006, passed in Cose No1517/MSEFC/2022, dated 03/02/2024, i.e th.e principai amount of dues of Rs.39,06,048 (Rupees Thirtg Nine Lakhs, Six Ttnusand. and Forlg Eight onlg) and interest of Rs. 49,43,163, (FortA_Ntne Lakhs, Forty Three Thousand, One Hundred. and Si-xtg Three onlg), totaling to Rs. 88,49,21 I / - (Eightg,Eight Lo,kt,s, Forty_Nine Thousand, Tuo Hundred and Eleuen only) as per Sections 75 and. 16 of MSMED Act, 20O6 and furlher Compound. Interest ue.f 03/02/2024 lrith monthlll resls shall be paAable at the rate of 3 times of the Bank Rate as notifted by the Reserue Bank of India from^timeto time till realization of dues i.e, till the dag of final paAment mad.e to the petitioner bA the respond.ents..-"

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When the^{matter is taken up for hearing' lcarr-redcounsel} for both^{sicies submitteci that, pelrding acijr',.dication of tlre u,rit} petitioll, the^{parties have amicabty settled the matterout of} Court by^{enteringinto a Nlemorandumof Understanding(MoU)} dated 18.O9.2^{O24. A copyof the same has beenproducedbefore} this Court

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A perusal^{of the Memoranclumof UnderstandinSldated} 18.Og.2024^{revcals that, after conciliation'both parties agreed} that the^{petitioner lvouldaccept the original baianceamount ol} Rs.39,06,048/-^{(Rupees Thirty-Nine Lakhs Six Thousancl Forty-} Eight oniy) and^{forgo the interestportion as awardedby the} Micro and^{Small EnterprisesFacilitation Council Clause8 of the} MoU reads^{as follows:}

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"8) Afier conciliation^{the Agencg hns agreedto tuithdrout ''he} W.P.Ito. 18847 of^{2024 beforethe ' Hon'ble High Ccurt} Telangana^{uhileacceptingthe oiginal batanceamount of} Rs.39,O6,Oa8/^{- (Rupees Thirtg-ninelakhssrx thousandctnd} fortg^{eight onLg)foregoth-e interest part as an'uardedb1t} MSDFC.^{The oiginalbalonceamount of Rs39'O6'048/-} (Rupees Thirlg-^{nine lakls six thousand and fortg-eight onty)} is paid^{throughchequebeaingNo 99220Odated18'09-} 2O24, of^{State Bank of India, GruhakatpaHgderabad<utd-} the some^{uill be encash.edbg the Agencg after uithdrauting} the Writ^{petition beforethe Hon'bte High CoutT of} Telangana.."

In the light of settiement arrived at between the parties and the terms mentioned in the Memorandum of Understanding, this Writ Petition is closed. It is, however, needless to state that in the event, amount paid to the petitioner through Cheque No. 9922OO dated 18.09.2024 is not realized, the petitioner is at liberty to avail the remedies for realization of the amount, as available under law.

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Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. No order as to costs.

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SD/.N. RAJAG9PAL ASSISTANT REGIYTRAR //TRUE COPY// sEcrloN #r,"=*

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To,

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l One CC to^{SRl.DR P BHASKARAIVIOHAN Advocate [OPUC]}

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2 OneCC to^{SRl. K SRINIVASA RAO (SC FOR BOARDOF INTERTUEDIATE} EDN TS) [OPUC]

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.) Two CD CoPies KKS LS

HIGH COURT

DATED:1 910912024

ORDER

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WP.No.18847 of 2024

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CLOSING THE WRIT PETITION WITHOUT COSTS

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Groro
I

M/s. Netxcell Limited v. Telangana State Board of Intermediate Education

Case brief

What is this about?

What did the court decide?

M/s. Netxcell Limited v. Telangana State Board of Intermediate Education

Case brief

What is this about?

What did the court decide?

What the court decided

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