Allahabad High Court
M/S JINDAL CONCRETE PRODECTversusU.P. STATE MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL OFFICE AND ANOTHER
- Decided
Holding
The Court directed the MSME Facilitation Council to conclude the pending arbitration within three months, effectively granting the relief sought.
Summary
M/s Jindal Concrete Prodect filed a writ petition under Article 226 seeking a mandamus directing the Uttar Pradesh State Micro, Small and Medium Enterprises (MSME) Facilitation Council to decide its pending MSME application under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006, and to expedite the arbitration with M/s CDS Infra Projects Limited. The petitioner argued that the application had been pending before the competent authority for an unreasonable period. The respondents did not object to expediting the pending proceedings. The Court, after hearing counsel, ordered the MSME Council, through its President/Chairman, to conclude the arbitration within three months of the certified copy of the order and to provide a reasoned order. The direction was issued without any further hearing, and the petition was disposed with the said direction.
Issues considered
- Whether the High Court can issue a mandamus directing the MSME Facilitation Council to decide a pending MSME application under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006.
- Whether the Court can direct the expeditious conclusion of arbitration between the petitioner and the second respondent.
Legislation cited
Subjects
- Article 226
- mandamus
- MSME
- Micro Small Medium Enterprises Development Act
- Section 18
- Arbitration
- Uttar Pradesh
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37096 of 2026
M/S Jindal Concrete Prodect
.....Petitioner(s)
Versus
U.P. State Micro And Small Enterprises
Facilitation Council Office And Another .....Respondent(s)
Counsel for Petitioner(s) : Varun Dev Sharma
Counsel for Respondent(s) :
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard Sri Aniruddh Tiwari, learned Advocate holding brief of Sri
Varun Dev Sharma, learned counsel for the petitioner and learned counsel
for the respondents.
2. By means of this petition filed under Article 226 of the Constitution of
India, the petitioner has prayed for following reliefs:
"(i). Issue a writ, order or direction in the nature of mandamus
commanding to the respondent no. 1 to decide the MSME Application
No. UDYAM/ UP/ 54/ M/ AGR/ 00267 (M/s Jindal Concrete vs. M/s
CDS INFRA PROJECTS LIMITED) under the provisions of SEction 18
of delayed payment to MSE of the Micro, Shall and Medium Enterprises
Development Act, 2006, pending before him expeditiously within
stipulated period fixed by this Hon'ble Court."
3. Learned counsel for the petitioner submits that in the above regard
petitioner has already represented the matter before the competent
authority which is pending consideration till date.
4. Learned counsel for the respondents has no objection in case pending
proceedings before respondent no.1 is expedited.
5. In view of the above, this petition stands disposed of with direction to
the respondent no.1, namely, Uttar Pradesh State Micro, Small and
WRIC No. 37096 of 2026
2
Medium Enterprises, Facilitation Council through its President/ Chairman
to conclude the pending arbitration proceeding between the petitioner and
respondent no.2 as expeditiously as possible preferably within a period of
three months from the date of production of certified copy of this order.
6. Needless to add, the order to be passed by the authority concerned as
directed herein above, shall be reasoned and speaking one.
(Garima Prashad,J.) (Ajit Kumar,J.)
September 30, 2026
Atmesh
Digitally signed by :-
ATMESH KESARI
High Court of Judicature at Allahabad
Checking your session…