C.M.D. (EZ) MPPKVVCL Vs. SHARAD OSHWAL

JUDGEMENT

(1.) The petitioners have filed the present revision challenging the order dated 27/8/2014 passed by 10th Additional District Judge, Jabalpur in Civil Suit No.111-A/2011 thereby rejecting an application filed by the petitioners under Order 7 Rule 11 of Code of Civil Procedure.

(2.) Brief facts of the case are that the respondent has filed a civil suit against the petitioners for recovery of an amount of Rs.2,89,000/- together with interest at the rate of 28%. The aforesaid amount has been sought to be recovered as interest on the delayed payment to the respondent. The respondent is a Small Scale Industry and in the plaint reliance has been placed on the provisions of Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as 'the Act of 2006'). The petitioners have filed an application under Order 7 Rule 11 of CPC on the ground that the suit, as appeared from the statement of plaint, to be barred under the Act of 2006. It has been submitted that the Act of 2006 is a self-contained Code creating right in favour, inter-alia, of Small Scale Industry to recover interest on the delayed payment as well as the forum for recovery of such payment, thus, the respondent has an efficacious remedy available under the Act of 2006 for recovery of amount.

(3.) The respondent has filed reply to the said application and submitted that Section 18 of the Act of 2006 does not bar the jurisdiction of the Civil Court and, therefore, in absence of any express exclusion of any civil proceeding, civil suit is maintainable.