1 2025:CGHC:4854-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 54 of 2025 1 - M/s Kaiyumi Printing Press Through its Authorised Representative Javed Hussain, Aged About 63 Years, Having its Office At Sadar Bazaar, Shadani Chowk, Raipur, Chhattisgarh - 492004. ... Appellant versus 1 - Chhattisgrah Samvadd Through General Manager, Sector - 19, North Block, Atal Nagar, New Raipur, District Raipur, Chhattisgarh. 2 - Micro and Small Enterprises Facilitation Council, Udyog Bhawan, Ring Road No. 01, Telibandha, Raipur, Chhattisgarh. ... Respondents For Appellant : Mr. Apurv Goyal, Advocate. For Respondent No.1 : Mr. Shobhit Mishra, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 28-01-2025 1. The present writ appeal has been filed seeking the following reliefs:- “1. That this Hon’ble Court be pleased to allow the present writ appeal by setting aside the order dated 03/12/2024 passed in W.P.(C) No.1431 of 2023; 2. That, this Hon’ble Court may kindly be pleased to grant Digitally signed by MOHAMMAD AADIL KHAN 2 any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. The facts of the case are that, appellant M/s Kaiyumi Printing Press (respondent No.1 in the writ petition) filed an application under Section 18 of MSMED Act before respondent No.2 (Micro and Small Enterprises Facilitation Council) for recovery of amount of Rs.1,27,18,727/- with interest of Rs.2,02,91,485/- (total amount of Rs.3,30,10,212/-) from the Chhattisgrah Samvaad/petitioner against printing of cards for Ayushman Bharat under Pradhan Mantri Jan Aarogya Yojna. On 29-11- 2022 the respondent No.2 ended the conciliation proceeding as the dispute between the parties could not resolved and on the same day the Arbitration Proceedings were initiated and the matter was reserved for judgment on 29-11-2022. Thereafter, respondent No.2 passed an order on 29-11-2022 pronounced on 27-01-2023 whereby the application filed by the respondent No.1/appellant was allowed. Hence, the petitioner/ Chhattisgrah Samvaad (respondent No.1 herein) filed writ petition, WPC No.1431/2023 seeking following reliefs:- “(i) That this Hon’ble Court may kindly be pleased to allow this writ petition and consequently, issue an appropriate writ/order/direction thereby quashing/setting aside the impugned order dated 29/11/2022 pronounced on 27/01/2023 passed by Respondent No.2. 3 (ii) That this Hon’ble Court may kindly be pleased to issue an appropriate writ/order/ direction thereby remanding back the matter to the Respondent No.2 and direct Respondent No.2 to pass the order only after following the Procedures prescribed in the MSME Act 2006. (iii) That any other order/relief which this Hon’ble Court may deem fit, proper and just in the facts and circumstances of the present case may also kindly be awarded to the petitioner in the ends of justice & equity. (iv) That the cost of the petition may kindly also be awarded to the petitioner.” After hearing learned counsel for the parties and considering the material available on record the learned Single Judge allowed the writ petition filed by petitioner Chhattisgrah Samvaad and while setting aside the impugned award remitted back the matter to Facilitation Council to pass an order afresh in accordance with law after following due procedure as prescribed under the Act, 1996. Hence, present writ appeal has been filed by appellant M/s. Kaiyumi Printing Press. 3. Learned counsel for the respondent No.1 submits that the matter has been remitted back to the Facilitation Council by the learned Single Judge and the appellant may contest the matter before it. 4. After arguing for some time, the learned counsel for the appellant states that the appeal may be disposed of issuing direction to the 4 Facilitation Council/respondent No.2 to decide the matter expeditiously within a stipulated period of 90 days. 5. Considering the submissions made by the learned counsel for the parties, the present writ appeal is disposed of with a direction to the Facilitation Council/respondent No.2 to decide the matter expeditiously within stipulated period of 90 days as has been provided under Section 18 of Micro, Small and Medium Enterprises Development Act, 2006. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil