M/S KALESHWARI POWER PRODUCT PVT. LTD. v. UNION OF INDIA AND 5 OTHERS
WRIC/21654/2025 · 2025-07-09
Manoj Kumar Gupta, Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 72346 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 72346 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:109866-DB Court No. - 21 Case :- WRIT - C No. - 21654 of 2025 Petitioner :- M/S Kaleshwari Power Product Pvt. Ltd. Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Pankaj Dwivedi,Vinod Kumar Counsel for Respondent :- A.S.G.I.,C.S.C.,Sushil Kumar Mishra Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The following prayers have been made in the instant writ petition:-
" i. Issue writ, order, or direction in the nature of mandamus directing respondents No.2,4 to 6 to make payment of the contracted value of the Goods Rs.2,79,59,380.00 supplied by petitioner to respondent No.4 to 6 including interest accrued thereon as per previsions of the MSMED Act, 2006, and/or any other order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. ii. Issue writ, order or direction in the nature of mandamus directing respondent No.2 to refund transaction charges alongwith interest accrued thereon as respondent No.2 failed to ensure compliance of the terms and conditions of the MoU dated 09.10.2017 and ensure to get respondent no. 4,5 and 6 pay cost of the goods within 10 days from the date of issuing CRAC by respondent No.5 and 6 and caused loss of interest accrued thereon and/or any other order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
2. The grievance of the petitioner is that although it has supplied goods to respondent Nos. 3 to 6 in pursuance of a contract entered into between the parties through GeM Portal, respondent No.4 has not released the fund limit, even after several legal notices have been served upon it, and has also failed to honour the contractual obligations.
3. The petitioner also claims interest, at three times the Bank rate, as per provisions of MSMED Act.
4. Under MSMED Act, ample remedies are provided, in case of
default in payment of the amount as well as interest.
5. Accordingly, the petition stands disposed of with liberty to avail the remedies provided under the Act. Order Date :- 10.7.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad