VIKAS NEMA Vs. ASSISTANT COMMISSIONER OF POLICE

JUDGEMENT

(1.) Heard on the question of admission.

(2.) In this writ petition, the petitioners inter-alia have assailed the validity of the notice dated 7.1.2015 issued under Section 41A of the Code of Criminal Procedure by which the petitioners have been called to appear before him within three days failing which the matter shall be decided on merits.

(3.) Facts giving rise to filing of the writ petition briefly stated that the petitioners are the partners of the firm namely M/s. Air Perfection. The said firm is a small scale industry engaged in the business of assembling and repair of air conditioning, civil work and cooling plant etc. The respondent No.3 is a company registered under the Companies Act. The respondent No.3 was awarded the work of design, construction and commissioning of orange multi-commodity pack house of 500 M.T. cold storage with ancillary unit at Sausar, Distt. Chhindwara by National Agricultural Cooperative Marketing Federation of India Ltd., (hereinafter referred to as 'the Federation'). The total value of the contract was Rs.468 Lacs out of which civil work to the tune of Rs.196.22 Lacs was sub-let to M/s. Air Perfection and an agreement was executed on 14.2.2008. The petitioners successfully completed the civil work and a completion certificate was issued by the Federation on 23.12.2011. It is the case of the petitioners that the amount due to them under the contract was with-held, therefore, the petitioners approached the Felicitation Council at Bhopal constituted under Micro, Small and Medium Enterprises Act, 2006. The Award dated 11.9.2014 was passed in favour of the petitioners directing the respondent No.3 to make payment of a sum of Rs.2,57,78,631/-.