High Court of Gujarat
M/S. D.D CONEversusSTATE OF GUJARAT
- Decided
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The Court declined to issue mandamus and instead directed the respondents to consider the pending application within six months, disposing the petition without addressing its merits.
Summary
M/S D.D Cone filed a special civil application before the Gujarat High Court seeking a writ of mandamus directing the State of Gujarat and other respondents to initiate and conclude conciliation proceedings in Claim Petition No. ED-2026-0000224 within 30 days and to comply with the MSMED Act, 2006. The petitioner alleged that its application for conciliation had been pending since January 2026 without any decision. The Court noted the delay and, without addressing the merits of the petition, ordered respondents No.2 and No.3 to consider the application and pass an appropriate order within six months of the order. The Court also directed the petitioner to submit any additional documents within 30 days, after which the time for deciding the application would restart. Consequently, the petition was disposed of without a substantive ruling on the mandamus relief.
Issues considered
- Whether the High Court should issue a writ of mandamus directing the State to initiate conciliation proceedings under the MSMED Act, 2006.
- Whether the pending application for conciliation warrants judicial intervention at this stage.
Legislation cited
Subjects
- mandamus
- conciliation
- MSMED Act
- special civil application
- High Court of Gujarat
- pending application
- administrative direction
Judgment
C/SCA/7112/2026 ORDER DATED: 06/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7112 of 2026
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M/S. D.D CONE
Versus
STATE OF GUJARAT & ORS.
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Appearance:
JURIS LEGAL PRACTITIONERS(17818) for the Petitioner(s) No. 1
MR ANGESH PANCHAL, ADDL. GOVERNMENT PLEADER for the
Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 06/07/2026
ORDER
1. Heard learned advocate Miss Shreya Chauhan for the
petitioner. By way of the present petition, the petitioner has
prayed for the following reliefs :-
“A. YOUR LORDSHIPS may be pleased to admit and allow
this petition;
B. YOUR LORDSHIPS may be pleased to issue a writ of
Mandamus or any other appropriate writ, order, or direction
by directing Respondents herein to initiate and conclude
conciliation proceedings in the Reference Case of the
Petitioner, being Claim Petition No. ED-2026-0000224
(annexed at Annexure B) within a period of 30 days, and
further be pleased to direct the Respondents herein to
comply with the provisions of the MSMED Act, 2006;
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C/SCA/7112/2026 ORDER DATED: 06/07/2026
C. Be pleased to grant any other relief/s as may be deemed
fit and proper, in the interest of justice.”
2. Learned advocate Miss Chauhan submits that the
petitioner's application seeking initiation of conciliation
proceedings has been pending since January 2026 and that,
till date the same has remained undecided.
3. Considering the fact that the petitioner's application has
remained pending since January 2026, respondent Nos.2
and 3 are directed to consider the said application and pass
an appropriate order thereon as expeditiously as possible
and preferably within a period of six months from the date
of receipt of this order.
4. With the aforesaid direction, and without entering into
the merits of the matter, the present petition stands
disposed of.
It is clarified that, if any additional documents are
required to be produced by the petitioner, the same shall be
furnished within a period of 30 days from today. In that
case, the period prescribed for deciding the application shall
commence from the date on which such additional
documents are submitted before the concerned authority.
(NIRZAR S. DESAI,J)
Anujcopy of this order has been signed by the Hon'ble Judge.
Original
Digitally signed by: SISODIYA ANUJSINH(HCD0069), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 06/07/2026 18:03:15
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