FLOWCET INDUSTRIES LLPversusSTATE OF GUJARAT
- Disposal
- 47-DISPOSAL IN ANY OTHER MODE FH
- Bench
- HEMANT M PRACHCHHAK
Holding
The Court ordered the respondent authority to decide the petitioner’s pending MSMED online application within three months, thereby granting the relief sought.
Summary
The petition was filed by Flowcet Industries LLP under Articles 14, 19 and 226 of the Constitution and the Micro, Small and Medium Enterprise Development Act, 2006, seeking a writ of mandamus directing the State of Gujarat to initiate and conclude conciliation proceedings and to decide the petitioner’s pending online application (UDYAM‑GJ‑20‑0008763/S/00001) within a stipulated period. The petitioner alleged that the application remained pending and that the respondents were in breach of their statutory duty under the MSMED Act. The State, represented by the Additional Government Pleader, contended that the application would be decided within a reasonable time but did not specify a deadline. The Court examined whether the High Court could compel the authority to decide the application within a fixed time under the constitutional and statutory provisions. It held that the authority must decide the application in accordance with law within three months from receipt of the order. Accordingly, the Court directed the respondent authority to decide the application within three months and disposed of the petition. The order was made absolute.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the State authority to decide a pending MSMED online application within a specified time
- Whether the petitioner's claim under Articles 14, 19 and 226 of the Constitution and the MSMED Act, 2006 justifies such direction
Legislation cited
Subjects
Judgment
C/SCA/4673/2026 JUDGMENT DATED: 04/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4673 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
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Approved for Reporting Yes No
No
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FLOWCET INDUSTRIES LLP
Versus
STATE OF GUJARAT & ORS.
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Appearance:
JURIS LEGAL PRACTITIONERS(17818) for the Petitioner(s) No. 1
MR HARSHAD O JOSHI(11428) for the Petitioner(s) No. 1
MS DIXA PANDYA AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 04/05/2026
ORAL JUDGMENT
1. RULE returnable forthwith. Ms. Dixa Pandya, learned
AGP waives service of notice of rule on behalf of the
respondent. With the consent of the learned counsel for
the respective parties, the present petition is taken up for
final hearing today.
2. Present petition is filed by the petitioner under Articles
14, 19 and 226 of the Constitution of India r/w the
provision under the Micro, Small and Medium Enterprise
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C/SCA/4673/2026 JUDGMENT DATED: 04/05/2026
Development Act, 2006 seeking below mentioned relief/s:-
“8 (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, оr
direction by directing Respondents herein to initiate and
conclude conciliation proceedings in the Reference Case
of the Petitioner, being Online Application No. UDYAM-
GJ-20-0008763/S/00001 (annexed at Annexure B) within
a period of 30 days, and further be pleased to direct the
Respondent Nos. 2 and 3 herein to comply with the
provisions of the MSMED Act, 2006.
(C) Be pleased to grant any other relief/s as may be
deemed fit and proper, in the interest of justice."
3. Heard learned counsels appearing for both the sides
and perused the record of the petition.
4. Learned counsel for the petitioner submits that online
application of the petitioner being application No.
UDYAM-GJ-20-0008763/S/00001 is pending before the
respondent authority. He further submits that this Court
may give appropriate direction to the respondent
authority to decide the said application.
5. On the other hand, learned AGP submits that the
concerned respondent authority shall decide the online
application of the petitioner being application No.
UDYAM-GJ-20-0008763/S/00001 pending before the
concerned respondent authority within some reasonable
time.
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C/SCA/4673/2026 JUDGMENT DATED: 04/05/2026
6. In view of the above submissions and considering the
peculiar facts of the case, the concerned respondent
authority is hereby directed to decide the online
application of the petitioner being UDYAM-GJ-20-
0008763/S/00001 in accordance with law within period of
three months from the date of receipt of copy of present
order.
7. With above directions, the petition stands disposed of.
Rule is made absolute to the aforesaid extent.
Sd/-
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 05/05/2026 11:03:24
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