M/S. PRATAP INDUSTRIES THROUGH VITTHALDAS KALYANJI DATTANIversusSTATE OF GUJARAT

     C/SCA/6336/2026                              JUDGMENT DATED: 01/05/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 6336 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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M/S. PRATAP INDUSTRIES THROUGH VITTHALDAS KALYANJI DATTANI
                           Versus
                  STATE OF GUJARAT & ORS.
==========================================================
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 : 01/05/2026

                            ORAL JUDGMENT


1.      Draft amendment is allowed. Amendment to be
carried out forthwith.

2.      Rule returnable forthwith. Ms. Dixa Pandya, learned
AGP waives service of notice of rule for and on behalf of
the respondent. With the consent of the learned counsel
appearing for the respective parties, the present petition
is taken up for final hearing today.


3. Present petition is filed by the petitioner under Articles
14, 19 and 226 of the Constitution of India r/w the


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  C/SCA/6336/2026                         JUDGMENT DATED: 01/05/2026




provision under the Micro, Small and Medium Enterprise
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
     conciliation proceedings (initiated under Section 18(2) of
     the MSMED Act, 2006) in the Reference Case of the
     Petitioner, being DP No.4996 (Annexed at Annexure E)
     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) YOUR LORDSHIPS may be pleased to direct
     respondent No.3 to forthwith comply with Rule 9(C) of
     the Gujarat MSME Council Rule, 2017 by uploading the
     complete proceedings and records of the petitioner's
     matter bearing DP No.4996 (annexed at Annexure E) on
     the designated web portal.

     (D) Be pleased to grant any other relief/s as may be
     deemed fit and proper, in the interest of justice."

4. Heard learned counsels appearing for both the sides
and perused the record of the petition.

5. Learned counsel for the petitioner requests that the
conciliation proceedings (initiated under Section 18(2) of
the MSMED Act, 2006) in Reference Case of the
petitioner being DP No.4996 is pending before the
concerned respondent. He further requests that this
Court may give appropriate direction to the concerned
respondent authority to decide the said application.



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     C/SCA/6336/2026                                                               JUDGMENT DATED: 01/05/2026




6. On the other hand, learned AGP submits that if the
conciliation proceedings (initiated under Section 18(2) of
the MSMED Act, 2006) in Reference Case of the
petitioner being DP No.4996 is pending before the
concerned respondent authority, then the same shall be
decided within some reasonable time.

7. In view of the above submissions and considering the
peculiar facts of the case, the concerned respondent
authority is hereby directed to decide the conciliation
proceedings (initiated under Section 18(2) of the MSMED
Act, 2006) in Reference Case of the petitioner being DP
No.4996, in accordance with law within period of three
months from the date of receipt of copy of present order.

8. 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 10:54:29




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