EDEN EXPORTS COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) All the writ appeals arise out of the common order passed by the learned single Judge in WP.No.16908 of 2009 & etc. batch, dated 20.08.2010. Most of the writ petitions were filed challenging various provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (Central Act 27 of 2006) as unconstitutional. Some writ petitions were filed challenging the orders passed by the Facilitation Council and the notices issued by the said Council. Since the issues involved in all these matters are intrinsically interconnected, they were heard together and disposed of by this common judgment.

(2.) In most of all these writ appeals and the writ petitions, some of the provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (Central Act 27 of 2006) (in short "MSMED Act") are challenged as unconstitutional and ultra vires of the Constitution of India. The learned single Judge under the impugned order dated 20.08.2010, held that the provisions under challenge cannot be said to be unconstitutional and ultra vires and dismissed the writ petitions, giving rise to the present writ appeals.

(3.) We have heard the learned counsel appearing for all the parties at length and have gone through various records furnished at the time of hearing of these appeals and the decisions rendered by the Hon'ble Supreme Court, this Court and various other High Courts.