BALAJI LOGISTIC Vs. UNION OF INDIA

JUDGEMENT

(1.) These group of petitions are raising identical question of law and are based on similar facts. Hence, with consent of all concerned, these petitions are taken up for joint hearing and disposal. The facts are recorded from Special Civil Application No.995 of 2020.

(2.) Learned advocate for the petitioner submitted that the petitioners were issued Udhyog Aadhar Memorandum under the provisions of MSME Act recognizing them as small enterprise under Section 7-1 B(II). On the basis of such recognition as small enterprise under MSME Act the petitioner has undertaken business as service provider and had applied for tender of supplying of the vehicle for which provisional letter of acceptance was issued by one of the Petroleum Companies. It is submitted that, all of a sudden, without any notice, the petitioner found that the name of the petitioner is displayed on the web portal of respondent no.2 in Z-Category and therefore, the petitioner apprehended action with regard to their contract with the Petroleum Company for which the Civil Suit has been filed and stay is granted in favour of the petitioner.

(3.) Learned advocate for the petitioner submits that as the de- recognising the petitioner as a small enterprise will have dire civil consequences and will directly effect the on going business of the petitioner, the petitioner ought to have been issued with show-cause notice at-least giving the reasons for which such an action has been taken. As no such show-cause notice is issued, the action on the part of the respondent no.2 is required to be set aside.