Best Towers Private Limited v. Reliance Communications Limited
2017-07-17
ANIL KUMAR UPADHYAY, RAJENDRA MENON
body2017
DigiLaw.ai
JUDGMENT : Rajendra Menon, J. Finding statutory violation of Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006, the learned Writ Court has interfered into the matter. A detailed deliberation and consideration has been done by the learned Writ Court to say that there is violation of the statutory requirement of Section 18 of the Micro, Small and Medium Enterprises Development Act which contemplates reference by the Facilitation Council to the Arbitrator and thereafter certain procedures to be followed. That being so, we find no error in the order passed by the Writ Court. 2. It is a well settled principle that if a statutory provision is violated, the learned Writ Court can exercise jurisdiction even under Article 226 of the Constitution when an even if an alternative remedy is available, this principle squarely applies to the present case. The appeals are, therefore, dismissed. 3. However, the Facilitation Council is directed to decide the issue within a period of 60 days from the date of receipt/production of a copy of this order.