MAHARASHTRA CONDUCTORS ASSOCIATION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Brief facts relevant for adjudication of the present Interim Applications are as under :-

(2.) The petitioner is an Association of Small Enterprises. The members of the petitioner supplied conductors to the respondents for which the respondents had to make the payment within 30 days of the said supply by the petitioner. However, the respondents failed to make the payment within 30 days and therefore, the petitioner-Association filed the Writ Petition No.2409 of 2003 for seeking relief of interest on delayed payment. When the petition was pending, the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as the '2006 Act') was enacted. Therefore, on 31 st July 2014, the petitioner Association withdrew the writ petition with liberty to revive the same if in the proceedings under 2006 Act, the same are held to be not maintainable. The writ petition was disposed of granting the said liberty.

(3.) Interim Application No.2449 of 2022 is filed by the original petitioner in Writ Petition No.2409 of 2003 seeking restoration of the aforesaid writ petition, wherein by order dated 31 st July 2014 of this Court the writ petition was permitted to be withdrawn with the following observations :-