Telangana High Court
T.C. Of A.P. Ltd., Vidyuth Soudha, Hyd. vs The Secy. Of India, Minis. Of Power Gen. ... on 19 March, 2024
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
WRIT PETITION No.17053 of 2008
ORDER:(Per the Hon'ble the Chief Justice Alok Aradhe) None for the petitioner.
Mr. B.Narasimha Sharma, learned Additional Solicitor General of India for the respondent No.1.
2. In this writ petition, the petitioner has challenged the vires of Section 7 of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993, insofar as it pertains to pre-deposit of 75% of the amount for filing an appeal.
3. It is pertinent to mention here that the validity of the aforesaid provision was challenged before a Division Bench of this Court in A.P.TRANSCO, Hyderabad v. Gowri Sankar Cable Industries, Regidiamadalavalasa Mandal, 2 Srikakulam 1 (W.P.No.10179 of 2001 and batch). The aforesaid writ petitions have been dismissed by an order dated 22.11.2001, which has already been upheld by the Supreme Court.
4. Even otherwise, the provisions of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993, have been repealed by the Micro, Small and Medium Enterprises Development Act, 2006.
5. For the aforementioned reasons, the writ petition is dismissed.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ ALOK ARADHE, CJ ______________________________________ ANIL KUMAR JUKANTI, J 19.03.2024 vs 1 2002 Suppl. (2) ALD 516 (DB)