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Judgment
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It is stated that M/s. Gupta Power Infrastructure Ltd. (for short ‘GPIL’)/Respondent No.2, was an enterprise with the single PAN Number AAACG9210B for all its Units situated in different parts of the country, engaged in manufacturing and supplying electrical cables. It is submitted that at the time of the dispute with regard to non-payment of certain amounts in the year 2013, the GPIL concededly had an investment of more than Rs.5 crores and thereby had rendered itself beyond the ambit of the definition of “Small Enterprise” in terms of Section 7(1)(a)(ii) of the MSMED Act, 2006. That being so, it also could not be considered to be covered by the definition of ‘supplier’ in view of the definition Clause under Section 2(n) of the MSMED Act. In the aforesaid conceded conspectus of facts, the GPIL itself could not legally invoke the provision of dispute resolution under Section 18 of the MSMED Act. The question raised is of jurisdiction and therefore the writ was maintainable and the said aspects have been erroneously ignored by the learned Single Judge in the impugned orders dated 04.03.2022 and 07.04.2022 passed in W.P.(C) No.21943 of 2016. Learned counsel for the appellant has further fairly submitted that the appellant is also ready and willing for an amicable settlement.
Issue notice to the Respondents by speed post/registered post with A.D., making it returnable by 02.08.2022, requisites for which shall be filed within three working days.
List on 02.08.2022.
Till the next date, the execution of the award dated 28.06.2016 shall be kept in abeyance.
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