[2025:RJ-JP:27480-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Miscellaneous Appeal No. 2141/2023 M/s Danish Private Limited, Through Its Authorized Signatory Mr. Tarun Kumar Jain, Having Its Registered Office At F 679-680, G- 694, Sitapura Industrial Area, Jaipur- 302022, Rajasthan ----Appellant Versus 1. Superintending Engineer Mm, Ajmer Vidyut Vitran Nigam Limited, Vidyut Bhawan, Makarwali Road, Panchsheel Nagar, Ajmer 305004, Rajasthan Through Office-Incharge Executive Engineer (E-2-Mm) Office Of Superintendent Engineer (Material Manager) Ajmer Vidyut Vitran Nigam Limited, Vidyut Bhawan, Makarwali Road, Panchsheel Nagar, Ajmer - 305004, Rajasthan. 2. Rajasthan Micro And Small Enterprises Facilitation Council, Headquater (Second), Jaipur Through Chairman, Commissioner Of Industries, Rajasthan, Udyog Bhawan, Tilak Marg, C-Scheme, Jaipur 302005 (Rajasthan) ----Respondents For Appellant(s) : Mr. Swadeep Singh Hora, Advocate. Mr. Atishay Jain, Advocate. Mr. Manav, Advocate. For Respondent(s) : Mr. Vikash Meena, Advocate. Ms. Aryushi Joshi, Advocate. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ANAND SHARMA Order 23/07/2025 1. Heard counsel for the parties. 2. Counsel for the appellant submits that the Micro and Small Enterprises Facilitation Council, Headquarter (Second), Jaipur (hereinafter to be referred as ‘MSME Council’) passed an order on 11th February, 2021 and the same was challenged before learned [2025:RJ-JP:27480-DB] (2 of 2) [CMA-2141/2023] Commercial Court No.3, Jaipur Metropolitan-II (hereinafter to be referred as ‘Commercial Court’) by the respondent no.1 namely Superintending Engineer (MM), Ajmer Vidyut Vitran Nigam Limited under Section 34 of the Arbitration and Conciliation Act, 1996 whereby the learned Commercial Court set aside the award passed by the MSME Council. Counsel further submits that admittedly before the MSME Council, calculation submitted by the both the parties was to be considered on 12th February, 2021, however, MSME Council passed the award on 11th February, 2021 i.e. one day prior to the date fixed. Counsel further submits that MSME Council has committed serious illegality in not following due process of law. Counsel further submits that Commercial Court has only set aside the award instead of remanding the same to the original authority for considering the same on merits. 3. Counsel for the respondents is not in a position to dispute the factual submissions narrated by the counsel for the appellant. 4. In that view of the matter, we allow the appeal and set aside the order dated 19.05.2023 passed by Commercial Court (Annexure-I) as well as the order dated 11.02.2021 passed by MSME Council (Annexure-III). 5. Thus, we remand the matter back to the MSME Council for deciding Case No.241/2014 afresh between the parties, after following due process of law within a period of six months. (ANAND SHARMA),J (INDERJEET SINGH),J Tushar/88