IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31131 of 2009(J)
1. THE MANAGING DIRECTOR,
... Petitioner
Vs
1. AFCO RUBBERS (P) LTD.,
... Respondent
2. UNION OF INDIA, REPRESENTED BY
For Petitioner :SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC
For Respondent :SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :17/06/2010
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No. 31131 of 2009
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Dated this the 17th day of June, 2010
J U D G M E N T
The petitioner is challenging Ext.P1 award of the Kerala Micro
and Small Enterprises Facilitation Council, Thiruvananthapuram, under
the Micro, Small and Medium Enterprises Development Act, 2006, by
which, the petitioner was directed to pay an amount of Rs.2,55,322/-
with interest at the rate of 18% from the date of last supply computed
in monthly interest as per Sections 15 and 16 of the Act. The petitioner
would submit that as provided under the Act itself, the petitioner filed
a suit challenging the award before the District Court, but for want of
compliance with pre-condition of depositing of 75% of the amount
awarded, the District Court returned the same and it is under the said
circumstances, the petitioner has filed this writ petition, instead.
It is now admitted that a Division Bench of this Court has upheld
the provisions relating to pre-deposit as valid, which has been
confirmed by the Supreme Court of India. That being so, the remedy
of the petitioner lies in filing a suit depositing 75% of the amount
awarded in accordance with the provisions of the Act. Without
prejudice that right of the petitioner, this writ petition is dismissed.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
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