M/S BRENS HOSPITALITY, THROUGH ITS PROPRIETOR MR. RISHABH RAJ v. M/S KRSNA ENGG AND FAB, THROUGH ITS PARTNER MRS. KAVITA SINGH
WPC/3942/2026 · 2026-06-09
Sri Ananda Sen
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 16068 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16068 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:16474 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3942 of 2026 ------ M/s BRENS Hospitality, having its office at Roof Top, Eastern Mall, Dangratoli Chowk, P.O. & P.S. Lalpur, District Ranchi, Jharkhand, through its proprietor Mr. Rishabh Raj, son of Bhartendu Kumar, resident of C/o Kumar Girls Hostel/H No.40 Peace Road, Lalpur, P.O. & P.S. Lalpur, District Ranchi, Jharkhand. … … Petitioner Versus
1. M/s KRSNA Engg & Fab, through its partner Mrs. Kavita Singh, having its office at 1-C, Shakuntala Apartment, 61 Booty Road, Opposite to Firing Range, Bariatu, P.O. & P.S. Bariatu, District Ranchi, Jharkhand.
2. The Director of Industries, Government of Jharkhand-cum- Chairman JHMSEFC, having its office at 3rd Floor, Nepal House, Doranda, P.O. & P.S. Doranda, District Ranchi, Jharkhand.
3. The Deputy Commissioner, Ranchi, having its office at Kutchery Chowk, P.O. & P.S. Ranchi, District Ranchi, Jharkhand. … … Respondents ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner : None present For the Respondent : Mrs. Varsha Ramsisaria, AC to GP-V ------
02/ 09.06.2026
No one appeared on behalf of the petitioner when the call was made in the first half. In the second half also, even on repeated call no one appears on behalf of the petitioner.
2.
This writ petition has been preferred by the petitioner for the following reliefs:-
“I. For issuance of an appropriate writ(s)/
Order(s)/direction(s) or a writ particularly in the nature of certiorari for Quashing and setting aside the Award dated 17-12-2025, contained in Memo No. 217 dated 03-02-2026 (Annexure-6), passed in Case No. JHMSEFC-28/2024, whereby and whereunder Council Members allowed the case of the Respondent No. 01 and directed the Petitioner to pay the sum of Rs. 83,60,541.3, along with interest at 3 times the bank rate. AND II. For issuance of an appropriate writ(s)/Order(s)/direction(s) or a writ particularly in the nature of mandamus, directing the respondents to stay the execution of the Award
2026:JHHC:16474 2
dated 17-12-2025, contained in Memo No. 217 dated 03-02-2026 (Annexure-6), and not to take any coercive action, during the pendency of the present Writ petition.”
3.
Heard learned counsel representing the respondents.
4.
After going through the entire petition, I find that the Award was passed by the “Jharkhand Micro and Small Enterprises Facilitation Council (JHMSEFC), Ranchi”. The Award also suggests that the Council had decided to initiate a Conciliation process as per Section 18 of the “Micro, Small and Medium Enterprises Development (MSMED) Act, 2006”. The Conciliation failed, thus the Council decided to start the Arbitration process as per Section 18 of the MSMED Act, 2006. After the Arbitration process, an Award i.e. Annexure-6, was prepared, which has been challenged in this writ petition filed under Article 226 of the Constitution of India.
5.
The Award passed by the Council can be challenged under Section 34 of the Arbitration and Conciliation Act. Article 226 of the Constitution of India is not the provision for challenging the Award.
6.
Since there is an alternative statutory remedy available to the petitioner, I am not inclined to entertain this writ petition.
7.
Accordingly, this writ petition is dismissed.
8.
The petitioner is at liberty to take recourse of Section 34 of the Arbitration and Conciliation Act.
(ANANDA SEN, J.)
09th June, 2026 Prashant. Cp-2
Uploaded on 11.06.2026