M/S Docket Care Systems Lko. Thru. Partner Sri Pankaj Kumar Agarwal v. Union of India Thru. Secy. Ministry of Micro , Small and Medium Enterprises, New Delhi and Others

Court No. - 1 Case :- WRIT - C No. - 8013 of 2023 Petitioner :- M/S Docket Care Systems Lko. Thru. Partner Sri Pankaj Kumar Agarwal Respondent :- Union Of India Thru. Secy. Ministry Of Micro , Small And Medium Enterprises, New Delhi And Others Counsel for Petitioner :- Madhusudan Srivastava,Madhav Srivastava Counsel for Respondent :- A.S.G.I.,Alok Kumar Singh,Ankit Kumar Pandey,Ashutosh Verma,Aviral Raj Singh,Dhruv Kumar Singh,Palash Banerjee,Rajesh Tewari,Ritwick Rai,Vaibhav Tiwari Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J.

¶1Heard learned Counsel for the petitioner, Shri Rajesh Tewari, learned Counsel for respondents no.2 & 3 and Shri Vaibhav Tewari, learned Counsel for respondent no.4

¶2Shri Rajesh Tiwari, leanred Counsel for respondents no.2 and 3, on the basis of instructions, has stated that an award has already been rendered by the Facilitation Council on

07.10.2023, a photocopy whereof placed before us is taken on record. A certified copy of the award applied for, if any, by the petitioner may be supplied to him not later than a period of ten days from the date of application.

¶3Shri Vaibhav Tiwari, learned Counsel appearing for respondent no.4 has also filed a short counter affidavit placing on record the details of arbitral proceedings transpired before the Facilitation Council and conducted under Section 18(3) of Micro, Small and Medium Enterprises Development Act, 2006 (in short, 'MSME Act').

¶4Learned Counsel for the opposite parties have submitted that as against the award rendered by the Arbitral Tribunal on

07.10.2023, the petitioner has a remedy under Section 34 of the Arbitration and Conciliation Act, 1996.

¶5At this stage, learned Counsel for the petitioner prays that he may be permitted to withdraw the instant petition with liberty to avail the alternative remedy, available to him, under law.

¶6In view of the above, the instant petition is dismissed as withdrawn with the liberty as prayed.

¶7It is made clear that the all the legal issues shall remain open to the petitioner before the competent forum. The exemption application, if any, moved under Section 19 of MSME Act shall also be considered by the forum concerned on its own merit. (Om Prakash Shukla, J.) (Attau Rahman Masoodi, J.) Order Date :- 10.10.2023 Anand Sri./- High Court of Judicature at Allahabad, Lucknow Bench