M/S.India Builders [Chennai] Limited vs Micro Small Enterprises Facilitation ... on 24 January, 2023

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Madras High Court

M/S.India Builders [Chennai] Limited vs Micro Small Enterprises Facilitation ... on 24 January, 2023

Bench: N.Sathish Kumar

                                                                                  W.P.No.1610 of 2023


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 24.01.2023

                                                     CORAM:

                             THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                              WP.No.1610 of 2023 &
                                              WMP.No.1717 of 2023

                    M/s.India Builders [Chennai] Limited,
                    AA-36, 3rd Main Road, 3rd Street,
                    Anna Nagar, Chennai – 600 040, Tamilnadu, India.         ... Petitioner


                                                         Vs


                    1. Micro Small Enterprises Facilitation Council,
                       Chennai Region, rep. by its Chairman,
                       Thiru Vi Ka Industrial Estate, Guindy, Chennai – 32.

                    2. M/s. Saravanana Building Products,
                       Plot No.6, Mahatma Gandhi Street,
                       Thuraipakkam, Chennai – 600 097,
                       Tamil Nadu, India.                                    ... Respondents

                    Prayer:- Writ Petition is filed, under the Article 226 of Constitution of
                    India, to issue a Writ of Certiorari to call for the records pertaining to the
                    Order passed by the first respondent in MSEFC/CR/401/2022 dated
                    11.08.2022 an quash the same.



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https://www.mhc.tn.gov.in/judis
                                                                                W.P.No.1610 of 2023




                                  For Petitioner   : Mr.Najeeb Usman Khan




                                                   ORDER

This Writ Petition has been filed to quash the Order passed by the first respondent in MSEFC/CR/401/2022 dated 11.08.2022 directing the petitioner to pay a sum of Rs.2,66,325/- to the second respondent.

2. This Writ Petition has been filed challenging the award on the ground of factual aspects. This Court is of the view that when the award has been passed, the same has to be been challenged in the manner known to law and S.19 of MSME Act provides procedure as to the manner in which the award has to be challenged under the Arbitration and Conciliation Act. In such view of the matter, this Writ Petition is not maintainable. At this stage the learned counsel appearing for the petitioner also submitted that he would work out his remedy in the manner known to law.

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https://www.mhc.tn.gov.in/judis W.P.No.1610 of 2023

3. With the above observations, this Writ Petition is dismissed.

Consequently, connected miscellaneous petition is closed. No costs.

24.01.2023 Index:Yes/No Neutral Citation : Yes/No vrc To, Micro Small Enterprises Facilitation Council, Chennai Region, rep. by its Chairman, Thiru Vi Ka Industrial Estate, Guindy, Chennai – 32.

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