TEXTILES INLAND AGENCIES Vs. ORIENT PAPER MILLS

JUDGEMENT

(1.) Mr. Mishra, learned senior advocate appears on behalf of the company and relies on memo dtd. 31/3/2022, on copy served. The memo discloses, inter alia, letter dtd. 11/5/2020 written by the creditor saying as under.

(2.) Mr. Mishra then hands up copy of letter dtd. 4/4/2022 with its enclosure being photocopy of cheque no.010585 dated 4th

(3.) Mr. Mukherjee, learned senior advocate appears on behalf of the creditor and submits, he, at present, does not have instructions regarding receipt, presentation or payment on the cheque but the hearing and adjudication can happen. The cheque amount is only part of the claim on interest for the delayed payment. He relies on Sec. 4 and 5 in Interest on delayed payment to Small Scale and Ancillary Industrial Undertakings Act, 1993. He submits further, by operation of sec. 32 in Micro, Small and Medium Enterprises Development Act, 2006, the Act of 1993 stood repealed. The corresponding provisions in the 2006 Act are Sec. 15 and 16.