Sadhyata Projects Private Ltd. v. State of Jharkhand
2025-02-24
RAJESH SHANKAR
body2025
DigiLaw.ai
JUDGMENT : RAJESH SHANKAR, J. The present writ petition has been filed for issuance of direction upon the respondent no.2 to properly register application no. UDYAM- JH- 06-0000303/M/00003 dated 13.02.2024 (Annexure-1 to the writ petition) filed by the petitioner for redressal of its grievance as according to the petitioner, despite lapse of several months, no step with respect to hearing of the said matter has been taken. 2. Mr. Devesh Krishna, learned S.C. (Mines)-III refers to relevant paragraphs of the counter affidavit filed on behalf of the respondent no. 2, which read as under: “11. That it is humbly stated and submitted by answering respondent that vide letter No. 2597 dated 04.12.2024, a letter has been issued by council to petitioner for submitting the documents computed by Chartered Accountant with regard to outstanding principal dues amount with interest as per Section 16 of MSMED Act, 2006, because the same was not submitted by the petitioner at the time of filing of the said claimed application before answering respondent. A copy of letter no. 2597 dated 04.12.2024 has been annexed as Annexure-A to the said counter affidavit. 12. That thereafter petitioner on 27.12.2024 submitted the documents along with outstanding principal dues amount with interest computed by Chartered Accountant as per section 16 of MSMED Act, 2006. Copies of documents submitted on 27.12.2024 by the petitioner have been annexed as Annexure-B to the said counter affidavit. 13. That vide letter No. 76 dated 10.01.2025, council has issued notice to “Bhagaban Mohapatra Construction and Engineers Private Limited” with direction to submit their stand along with all documents within 15 days or settle the outstanding claimed amount of petitioner through mediation/mutual settlement under Section 18 of MSMED Act, 2006 and information with regard council with to that be sent to council with a copy to the petitioner. A copy of notice as contained in letter no. 76 dated 10.01.2025 has been annexed as Annexure-C to the said counter affidavit. 14. That further stated and submitted by the answering respondent that after receiving the stand and reply submitted “Bhagaban Mohapatra Construction and Engineers Private Limited”, the council shall proceed for initiation of further action in the matter as per MSMED Act 2006. 3. Learned S.C. (Mines)-III while referring to letter no. 76 dated 10.01.2025 (Annexure-C to the counter affidavit filed on behalf of the respondent no.
3. Learned S.C. (Mines)-III while referring to letter no. 76 dated 10.01.2025 (Annexure-C to the counter affidavit filed on behalf of the respondent no. 2) issued under the signature of the Under Secretary-cum-Member Secretary, Micro and Small Enterprises Facilitation Council, Government of Jharkhand, Ranchi, submits that pursuant to the said application, the petitioner’s case has already been registered as JHMSEFC- 51/2024. It is also submitted that further steps in the said case will be taken in accordance with the provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (in short, “the Act, 2006”). 4. Considering the aforesaid statements made in the counter affidavit filed on behalf of the respondent no. 2, there is no need to further proceed in the present matter. 5. The writ petition is accordingly disposed of. 6. It is, however, observed that the respondent no. 2 shall take further steps in the matter strictly in accordance with the provisions of the Act, 2006. 7. I.A. No. 2135 of 2025 also stands disposed of accordingly.