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2025 DAILYLAW 9642 (MAD)

WOMENS CENTRE AND HOSPITAL (P) LTD v. MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL

WA/89/2023 · 2025-09-22

Mohammed Shaffiq, S M Subramaniam

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:MHC:2343 WA No. 89 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-09-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ WA No. 89 of 2023 and CMP No. 827 of 2023 Women's Centre and Hospital (P) Ltd., Rep. by its Director Mr. Jayaram Govindarajan, 146-B, Mettupalayam Road, Coimbatore 600 043. Appellant(s) Vs 1.Micro and Small Enterprises Facilitation Council Thiruvika Industrial Estate, Guindy, Chennai. 2.M/s. Ibuilding Automation (P) Ltd., Plot No.144, (Door No.26) 4 th Street, Raghava Reddy Colony, Ashok Nagar, Chennai 600 083. Respondent(s) Page No.1 of 5 https://www.mhc.tn.gov.in/judis WA No. 89 of 2023 PRAYER Writ Appeal filed under Clause 15 of Letters Patent, to set aside the Order dated 02.11.2022 passed in WP.No.6766 of 2020. For Appellant(s): Mrs.S.P.Arthi For Respondent(s): No Appearance For R1 Mr.S.R.Sunder For Mr.R.Anish Kumar For R2 J U D G M E N T (Judgment was delivered by S.M.Subramaniam J.) The sole ground raised by the appellant in the present Intra-Court Appeal is that the proceedings of the Micro and Small Enterprises Facilitation Counsel conciliation does not indict that the conciliation proceedings came to be ended and further proceedings commenced thereafter. Therefore, the order cannot be sustained in view of the provisions of the Act. 2. The learned counsel for the 2 nd respondent would oppose by stating that though there is no specific order to that effect, reading of the order in entirety would show that the conciliation proceedings ended and thereafter the Page No.2 of 5 https://www.mhc.tn.gov.in/judis WA No. 89 of 2023 proceedings continued and final order passed. 3. After advancing argument for a considerable length of time, both the respective learned counsels appearing on behalf of the parties to the lis would agree that they have to go before the Arbitrator for adjudication of the disputed issues on merits. 4. High Court cannot adjudicate such disputed issues, since it requires examination of documents and evidences, etc. 5. In view of the consensus arrived between the parties, we are inclined to grant liberty to the parties to approach the Arbitrator under the Statute for effective adjudication of the disputed issues on merits and in accordance with law. The Council shall conduct arbitration by themselves or by appointing an Arbitrator, as the case may be. Page No.3 of 5 https://www.mhc.tn.gov.in/judis WA No. 89 of 2023 6. With this liberty, the Writ Appeal stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. (S.M.SUBRAMANIAM J.)(MOHAMMED SHAFFIQ J.) 22-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No Jeni To Micro And Small Enterprises Facilitation Council Thiruvika Industrial Estate, Guindy, Chennai Page No.4 of 5 https://www.mhc.tn.gov.in/judis WA No. 89 of 2023 S.M.SUBRAMANIAM J. AND MOHAMMED SHAFFIQ J. Jeni WA No. 89 of 2023 22-09-2025 Page No.5 of 5 https://www.mhc.tn.gov.in/judis