Jharkhand High Court
The State Of Jharkhand & Others vs Sigma Engineering Pvt. Ltd on 25 July, 2018
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 6433 of 2016
The State of Jharkhand & Others ..... Petitioners
Versus
Sigma Engineering Pvt. Ltd., represented through its Director, Paras Nath
Choubey, Bhubaneswar, Odisha & Others ..... Respondents
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CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioners: Md. Shadabbin Haque
For the Respondents:
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06/25.07.2018 I. A. No. 4701/2018
The present interlocutory application has been filed on behalf of the petitioners for staying the operation of the impugned order dated 28.06.2016 (Anneuxer-12 to the writ petition) passed by the Micro Small Enterprises Facilitation Council (MSEFC), Odisha in M.S.E.F.C Case No. 21/2015 as well as further proceeding of Money Execution Suit No. 01/2017, pending in the Court of Sr. Civil Judge-I, Sahibganj.
Learned counsel for the petitioners submits that the MSEFC, Odisha has wrongly assumed its jurisdiction, as admittedly the respondent No.1 had executed the work under the petitioners in terms with a contract and as such there cannot be a relationship of buyer and seller between them to invoke the provisions of the Micro Small Enterprises Development Act, 2006 (in short 'the Act, 2006'). Moreover, the MSEFC, Odisha did not have the territorial jurisdiction to entertain the claim filed by the respondent No.1, as it was stipulated in the contract entered into between the parties that any dispute arising therefrom will be adjudicated within the territorial jurisdiction of Sahibganj Court i.e. within the State of Jharkhand.
Having heard learned counsel for the petitioners and looking to the contents of the present writ petition as well as the provisions of the Act, 2006, the operation of the impugned order dated 28.06.2016 (Anneuxer-12 to the writ petition) passed by the Micro Small Enterprises Facilitation Council, Odisha in M.S.E.F.C Case No. 21/2015 as well as further proceeding of Money Execution Case No. 01/2017, pending in the Court of Sr. Civil Judge-I, Sahibganj are ordered to be stayed.
I. A. No. 4701/2018 stands disposed of.
W.P.(C) No. 6433 of 2016 Issue notice to the respondent No.1 by Registered Post with A/D as well as by ordinary process for which requisites etc. must be filed within one week.
Notice is made returnable after six weeks.
Satish/- (RAJESH SHANKAR, J)