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Delhi High Court - Orders

Mangalore Refinery & Petrochemicals ... vs Micro & Small Enterprises Facilitation ... on 14 November, 2022

Author: Rajiv Shakdher

Bench: Rajiv Shakdher

                           $~68
                           *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                           +      LPA 216/2019

                                  MANGALORE REFINERY & PETROCHEMICALS LTD
                                                                         ......Appellant
                                              Through: Mr Saswat Pattnaik, Advocate.

                                                       versus

                                  MICRO & SMALL ENTERPRISES FACILITATION COUNCIL &
                                  ANR                                    ......Respondent
                                               Through: Mr Vikram Nandrajog, Advocate for
                                                        respondent no.2.

                                  CORAM:
                                  HON'BLE MR JUSTICE RAJIV SHAKDHER
                                  HON'BLE MS JUSTICE TARA VITASTA GANJU
                                                       ORDER

% 14.11.2022 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 48609/2022

1. Issue notice.

1.1 Mr Vikram Nandrajog accepts notice on behalf of the contesting respondent i.e., respondent no.2.

2. Mr Nandrajog says that he does not wish to file a reply to the above- captioned application.

3. This is an application filed on behalf of the appellant, seeking correction of the order dated 07.10.2022.

                           LPA 216/2019                                                        page 1 of 3




Signature Not Verified
Digitally Signed By:ATUL
JAIN
Signing Date:28.11.2022
12:25:34
                            3.1      In particular, correction is sought, insofar as paragraph 2 of the order
                           dated 07.10.2022 is concerned.

4. It is averred, that the respondent no.2 stood registered as a micro, small or medium enterprise (MSME) on 09.12.2011, and not [as recorded in paragraph 2 of the order dated 07.10.2022] on 11.12.2012.

5. It is, however, conceded in the above-captioned application, that in the application in which the order dated 07.10.2022 has been passed i.e., CM Appl. No. 43568/2022, it was incorrectly mentioned that respondent no.2 was registered under the Micro, Small and Medium Enterprises Development Act, 2006 on 09.12.2012.

6. Subject to just exceptions, the prayer made in the above-captioned application is allowed. The order dated 07.10.2022 shall stand corrected to the extent indicated hereinabove.

7. The above-captioned application is, accordingly, disposed of. LPA 216/2019, CM APPLs.14315/2019, 37744/2019, 4213/2020 [Application filed on behalf of the appellant seeking interim relief] & CM APPL. 43568/2022 [Application filed on behalf of the appellant seeking allowing of the LPA]

8. It appears that the matter was initially listed, albeit wrongly, before Division Bench-VII.

8.1 The Registry has put up a deletion note.

9. Accordingly, we are told that the appeal is rightly listed before this Court.

LPA 216/2019 page 2 of 3 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:28.11.2022 12:25:34

10. Mr Saswat Pattnaik, who appears on behalf of the appellant, says that Mr Gopal Jain, learned senior counsel is briefed in the matter, who is not available as of now.

11. List the matter on 09.02.2023.

RAJIV SHAKDHER, J TARA VITASTA GANJU, J NOVEMBER 14, 2022 / tr Click here to check corrigendum, if any LPA 216/2019 page 3 of 3 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:28.11.2022 12:25:34