S. Chandrashekhar, J. - (1.) Aggrieved by award dated 21.7.2011 in Claim Petition No. 25 of 2008 whereby, the U.P. State Micro and Small Enterprises Facilitation Council, Kanpur awarded Rs. 1,84,193/ - as principal sum and Rs. 3,38,838/ - as interest upto 19.5.2010, the present writ petition has been filed. Heard the learned counsel for the parties.
(2.) Raising a question of jurisdiction of the U.P. State Micro and Small Enterprises Facilitation Council, Kanpur, to entertain Claim Petition No. 25 of 2008, the learned counsel for the petitioner submits that the contract was executed at Ranchi, the supply was made at Ranchi, the bills were submitted at Ranchi and payment was made to the respondent -M/s. Tirupati Stationers Private Limited at Ranchi however, the claim petition was filed before the Facilitation Council at Kanpur and it was entertained. It is contended that in terms of Sec. 20 of the Micro, Small and Medium Enterprises Development Act, 2006, the State of Jharkhand has yet not issued notification for establishment of one or more Micro and Small Enterprises Facilitation Council still, the claim petition for which whole cause of action arose at Ranchi was entertained.
(3.) Briefly stated, the respondent preferred Claim Petition No. 25 of 2008 claiming Rs. 1,62,260/ - as difference in tax, Rs. 1,34,190/ - as freight charges and Rs. 21,931/ - as outstanding payment with interest of Rs. 87,240/ -. The respondent carries business of manufacture of computer stationery, photocopy papers, T.P. Rolls, Fax Rolls, duplicate papers etc. For supply of computer stationery on DGS & D rates, the petitioner agreed to release payment within 30 days against Form C/D. Raising a grievance that the petitioner -BSNL did not release Form -C, CST etc. the claim petition was filed by the respondent.;