Sudhir Agarwal, J. - (1.) Heard Sri Akshay Saprey, holding brief of Mr. Sarvanand Pandey, learned counsel for petitioner and perused the record.
(2.) This writ petition under Article 226 of Constitution of India has been filed by petitioner, TBEA (India) Transformer Private Limited having its registered Office at Revenue Survey No.745-Lot 3, TBEA Green Energy Park, N.H.-8, Village-Miyagam Karjan Vadodara, Gujarat (hereinafter referred to as 'petitioner') with a prayer to issue a writ of certiorari to quash order dated 23.12.2019 passed by respondent-1 i.e. U.P. Micro and Small Enterprises Facilitation Council (hereinafter referred to as "MASEF Council") having its Office at Udyog Bhawan, Kanpur Nagar and also to issue a writ of mandamus to call for record of Claim Petition No. 216 of 2019 on the ground that parties have agreed to settle their dispute through arbitration under the provisions of Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Act, 1996") and Council has no jurisdiction to proceed with arbitration.
(3.) Facts in brief giving rise to this petition are that petitioner is a Private Limited Company incorporated under Companies Act, 2013 (hereinafter referred to as "Act, 2013"). It is engaged in the business of design, manufacture as well as service of Transformers and Reactors. Respondent-1 is a body established by Government of State of U.P. under Section 20 of Micro Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as "MSMED Act, 2006"). Respondent-2, M/S Osama Engineering Works having its registered office at 96B DAUD Nagar Naini, Prayagraj is also a Private Limited Company incorporated under Companies Act, 1956 (hereinafter referred to as "Act, 1956") and continued to function under Act, 2013 being an existing company. It is also allegedly registered as Micro Enterprise under MSMED Act, 2006 and engaged in the business of manufacture of Transformer tanks, Yoke clamp, RTCC panels and Marshaling box etc.;