ANDHRA PRADESH EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Appeal would call in question the order dtd. 20/10/2019 passed by the learned single Judge dismissing W.P.No.17258 of 2021 preferred by the writ petitioner challenging the order/award dtd. 14/7/2021 in Case No.21C/IFC/2018/5318, passed by the A.P. Micro and Small Enterprises Facilitation Council at Vijayawada/respondent No.2, directing the writ petitioner to pay the principal amount of Rs.84,45,275.00 with interest to respondent No.7 (respondent No.6 herein).

(2.) The learned single Judge has framed an issue for consideration as to whether the plenary jurisdiction under Article 226 of the Constitution of India can be exercised to set aside the award passed by respondent No.2-Council under the provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (in short, "the MSMED Act") read with the Arbitration and Conciliation Act, 1996 (in short, "the 1996 Act").

(3.) Learned counsel for the writ petitioner/appellant argued that when principles of natural justice have been violated, existence of alternative remedy would not come in the way of the Writ Court to exercise jurisdiction under Article 226 of the Constitution of India. It is also argued that power under Article 226 has to be exercised to effectuate the regime of law and not for abrogating it, therefore, when principles enshrined under Article 14 of the Constitution of India have been violated, Writ Court should not refuse to entertain petition on the ground of existence of alternative remedy.