Delhi High Court - Orders
Uniseven Engineering And ... vs Micro And Small Enterprises ... on 1 October, 2021
Author: Rekha Palli
Bench: Rekha Palli
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11233/2021 & CM APPL.34581/2021 (stay)
UNISEVEN ENGINEERING AND INFRASTRUCTURE PVT.
LTD. ..... Petitioner
Through Mr.Anirudh Bakhru, Mr.Ayush Puri
& Ms.Tejaswini Chandrashekhar, Advs.
versus
MICRO AND SMALL ENTERPRISES FACILITATION (MSEF)
COUNCIL DISTRICT (SOUTH) AND ANR ..... Respondent
Through Mr.Anjum Javed, ASC, GNCTD with
Mr.Devendra Kumar & Mr.Faran Ahmed, Advs.
for R-1.
Dr.Amit George & Mr.Sahil Garg, Advs. for R-2.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 01.10.2021 CM APPL.34582/2021 & CM APPL.34583/2021 (Lengthy synopsis and list of dates )
1. Exemptions allowed, subject to all just exceptions.
2. The applications stand disposed of.
W.P.(C) 11233/2021 & CM APPL.34581/2021 (stay)
3. The present petition has been filed assailing the communication dated 14.09.2021 issued by respondent no.1/ Micro and Small Enterprises Facilitation (MSEF) Council District (South), advising the petitioner to pay a sum of Rs. 9,59,66,352/- to respondent no. 2.
4. Learned counsel for the petitioner submits that the impugned Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:04.10.2021 12:52:37 communication is liable to be quashed as the respondent no.1 had no jurisdiction to entertain any claim raised by the respondent no.2. He contends that the respondent no.1 has failed to appreciate that in terms of the work order dated 17.10.2019, the respondent no.2 was the buyer and not the supplier and therefore, its' claim would not fall within the ambit of Sections 17 and 18 of the Micro, Small and Medium Enterprises Development Act, 2006.
5. Issue notice. Learned counsel for respondents accepts notice. Counter affidavit be filed within four weeks. Rejoinder thereto, be filed within three weeks thereafter.
6. Till the next date, the operation of the impugned communication dated 14.09.2021 issued by respondent no.1 will remain stayed and consequently, the respondent no.1 will not proceed to deal with the claim made by respondent no.2, based on which the impugned communication was issued.
7. List on 18.01.2022.
REKHA PALLI, J OCTOBER 1, 2021 kk Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:04.10.2021 12:52:37