BHARAT COKING COAL LTD. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition has been filed for the following reliefs:-

(2.) The foundational facts of dispute. The respondent No. 3 filed an application before the Facilitation Council constituted under the provisions of Micro, Small and Medium Enterprises Development Act 2006 (hereinafter referred as MSMED Act of 2006). The claim was filed for recovery of the principal amount of Rs.50,231.00 and Interest amount of Rs.3,82,443.00. Notice was issued to the petitioner however, the decision/award dtd. 22/3/2012 was passed by the Facilitation Council directing the petitioner to pay Rs.50,231.00 towards the principal and interest @ three times at bank rate under MSMED Act, 2006. The decision/award dtd. 22/3/2012 was challenged before this Court in writ petition being W.P.(C) No. 6464 of 2012 and in the said writ proceedings 75% of the amount was directed to be deposited before the Registrar General, Jharkhand High Court. Consequently, the amount was deposited. The writ petition was finally heard on 14/9/2016 and the matter was remanded to the Facilitation Council to hear the matter afresh and take a decision after due opportunities to the parties and the amount deposited before this Court was directed to be returned to the petitioner.

(3.) The Facilitation Council passed a fresh order/award dtd. 20/2/2018 after recording that the petitioner did not attend six meetings and as such observed that there is no need for any interference in earlier order/award dtd. 22/3/2012, communicated vide Memo No. 1384/Ranchi dtd. 26/4/2012. The order/award termed as Award/Decree was passed on 20/2/2018 under MSMED Act of 2006 is quoted as under:-