NARAYANA EDUCATIONAL INSTITUTIONS Vs. TELANGANA REGIONAL MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL

JUDGEMENT

(1.) In both these Writ Petitions the petitioner is seeking a Writ of Prohibition to quash the proceedings initiated by the respondent No.2 before the respondent No.1 vide MSEFC-Case Nos. TS/09/S/RGY/00328 and TS/09/S/RGY/00329, as being barred by limitation as held by the Hon'ble Supreme Court in the case of Shilpi Industries Vs. Kerala State Road Transport Corporation, reported in 2021 SCC Online SC 439 and to pass such other order or orders.

(2.) Brief facts leading to the filing of the present writ petitions are that the respondent No.2 has filed an application before the respondent No.1 under Sec. 18 of the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006. On issuance of notice to the petitioner herein, the petitioner has filed its counter taking a preliminary objection that the claim petition was barred by limitation and therefore, the respondent No.1 ought not to have entertained the said application. To the said counter affidavit, respondent No.2 has also filed its reply affidavit. The grievance of the petitioner is that without adjudicating on the preliminary objection raised by the petitioner about the applicability of Limitation Act, the respondent No.1 is proceeding with the matter. Therefore, the petitioner has filed the present writ petition seeking quashing of the proceedings vide MSEFC-Case Nos.TS/09/S/RGY/00328 and TS/09/S/RGY/ 00329.

(3.) Learned counsel for the petitioner submitted that according to the claim petition filed by the respondent No.2, he is seeking payment for the supply of goods during the years 2009 and 2010. It is submitted that the respondent No.2 has kept quite all along and filed the claim petition only in the year 2020 by filing an application under Sec. 18 of the MSMED Act, 2006. He has further drawn the attention of this Court to the counter filed by the petitioner herein before the MSME Council, wherein at Para-5 of the said counter it was stated that "an objection has been taken that no cause of action has arisen for filing of the present petition and that the alleged cause of action is created and concocted for the purpose of filing the petition and also that the petition is barred by limitation and therefore, the petition is liable to be dismissed".