- (1.) M/S Hameed Leather Finishers through its Proprietor/ Partner Abdul Hameed has approached this Court for following relief: a) Issue a writ, order or direction in the nature of CERTIORARI to call for the record of the case and to quash the Injunction Proceeding No. 25/11 (M/s Associated Chemical Industries Kanpur Pvt. Ltd. Vs. Hameed Leather Finishers) pending before the Learned District Judge Kanpur Nagar for Execution of the Award dated 08.11.2010 passed by the U.P. Micro and Small Enterprises Facilitation Council U.P. Kanpur for execution of which, the Execution proceedings are pending. b) Issue a writ, order or direction in the nature of MANDAMUS commanding the respondent not to proceed with against the petitioner attaching the property of the petitioner, in lieu of the execution proceeding. c) Issue any other and further writ, order or direction which this Court may deem fit and proper under the facts and circumstances of the case"
(2.) Brief background of the case is that M/s Associated Chemical Industries Kanpur Private Limited Kanpur Nagar registered with Small Scale Industry came up with the case that it has supplied chemical to Abdul Hameed and Irshad Alam partner of M/s Hameed Leather Finishers Gajju Purwa district Kanpur Nagar and the said buyer in question did not pay the outstanding amount to the tune of Rs. 1,44,28,932.00/-(One Crore Forty Four Lacs Twenty Eight Thousand Nine Hundred Thirty Two) only, as principal amount and interest amount to the tune of Rs. 31,19,735.75.00/-(Thirty one lacs Nineteen Thousand Seven Hundred Seventy Two & Seventy Five paisa) only. Notice has been sent to the incumbents representing the petitioners to ensure payment of aforesaid amount in lieu of supplies and receipt of chemical in question by them. The request of ensuring payment went unheeded and then the supplier. Respondent No. 1, invoked the forum as provided for under The Micro, Small and Medium Enterprises Development Act, 2006, Section 16 by moving complaint before U.P. Micro and Small Enterprises Facilitation Council, Kanpur.
(3.) On the said complaint in question being moved before the U.P. Micro and Small Enterprises Facilitation Council, U.P. at Kanpur, same was registered as Case No. IFC No. 01/2008 (M/s Associated Chemical Industries (Kanpur) Pvt. Ltd. Kanpur Vs. M/s Hameed Leather Finishers Kanpur). Council concerned took cognizance of the matter and notice has been issued to the defendant of the aforesaid proceeding in question i.e. the petitioner and the in the said proceeding in question two written submissions have been filed and the defence was sought to be taken that chemical supplied by the M/s Associated Chemical Industries Kanpur were not up to the mark and was sub-standard quality and in effect contrarily they were liable to be compensated. Thereafter it is reflected that reply has been filed to the said written statement. U.P. Micro and Small Enterprises Facilitation Council, U.P. at Kanpur on 08.11.2010 keeping in view the provisions as contained under Sections 15 and 16 of the Micro, Small and Medium Enterprises Development Act, 2006 passed award in favour of M/s Associated Chemical Industries Kanpur Private Limited Kanpur Nagar categorically recording finding that supplies have been made and the same has been duly received by the petitioners, and the amount in question had not been paid, even after receiving the supplies. The theory of sub-standard supply has also been considered and not accepted keeping in view the provisions of Section 2(b) of Act 2006.;