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Judgment
Arindam Sinha, J
I.A. no.2931 of 2023 and I.A. no.8531 of 2019 No.
Mr. Mohanty, learned senior advocate appears on behalf of petitioner. He submits, impugned is award dated 16th March, 2019 made by Micro and Small Enterprises Facilitation Council under sub-section (3) in section 18 of Micro, Small and Medium Enterprises Development Act, 2006. Referring particularly to sub-sections (2) and (3) in section 18 Mr. Mohanty submits, the award has to be taken as one made by application of provisions under Arbitration and Conciliation Act, 1996. In the circumstances, the writ petition is covered under entry-12 of assignment list in respect of this Bench.
He submits further, opposite party no.2 was operational creditor. There was proceeding under the Insolvency and Bankruptcy Code, 2016. In the period of moratorium said opposite party moved the council. It could not have done so. Moreover, on the authority having approved the resolution plan, payment in accordance with the scheme was made by the successful resolution applicant, to said opposite party. The successful resolution applicant is his client, behind petitioner company. In the circumstances, said opposite party had and is deemed to have had satisfaction, discharge and execution of its claim against petitioner. This was overlooked in making the award. As such the illegality and material irregularity appears on face of impugned award since, the facts do stand referred in the award.
He submits further, his client has made application for bringing on record subsequent events. Those events are regarding the acceptance of the plan and payment made to opposite party no.2.
Ms. Pattanayak, learned advocate, Additional Government Advocate appears on behalf of opposite party no.1 and Mr. Behera, learned advocate, for opposite party no.2.
Mr. Behera prays for adjournment to obtain instructions, including regarding the I.A. He submits, the prayer is without prejudice to his client’s contention pleaded in the counter that the writ petition is not maintainable.
List for hearing and disposal on 28th March, 2023.
Execution Case no.2 of 2020 pending before District Judge, Sambalpur will remain stayed till next date of hearing.
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