APHC010719902017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] SATURDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 18479/2017 Between: 1. RASHTRIYALSPAT NIGAM LIMITED, VISAKHAPATNAM STEEL PLANT,, VISAKHAPATNAM, HAVING ITS REGISTERED OFFICE AT ADMINISTRATIVE BUILDING, STEEL PLANT, VISAKHAPATNAM, REP. BY ITS ASST GENERAL MANAGER (CONSTRUCTION) SRI P L N PRASAD ...PETITIONER AND 1. THE MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL, REP. BY ITS CHAIRMAN, 0/O. THE COMMISSIONARATE OF INDUSTRIES, STATE OF ANDHRA PRADESH, 1 ST FLOOR, GOVERNMENT PRINTING PRESS BUILDINGS, MUTHYALAMPADU, VIJAYAWADA-520011. 2. M/S REAL FAB INDUSTRIES PVT LTD REP BY ITS MANAGING, DIRECTOR, D.NO.48-I 0-24, SRI NAGAR, DWARAKA NAGAR, VISAKHAPATNAM - 530 016. 3. THE STATE OF ANDHRA PRADESH REP BY ITS PRINCIPAL SECRETARY, INDUSTRIES, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 4. COMMISSIONER OF INDUSTRIES STATE OF ANDHRA PRADESH, 1ST FLOOR, GOVERNMENT PRINTING PRESS BUILDINGS, MUTHYALAMPADU, VIJAYAWADA-520011. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. A S C BOSE Counsel for the Respondent(S): 1. GP FOR INDUSTRIES & COMMERCE (AP) 2. RAMA CHANDRA RAO GURRAM The Court made the following: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO:18479 of 2017 ORDER:- The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer: “to issue an appropriate writ direction or order more particularly one in the nature of writ of Mandamus declaring the action of the 1st Respondent Council and its members in abruptly and impatiently closing the hearing of case before it in Reference No.21C/IFC/2013/19226 without following the mandatory provisions of Section 8 182 and 3 of the MSMED Act, Act 27 of 2006 of conducting conciliation or arbitration proceedings in any manner and in not refusing even to receive or acknowledge the petitioners application to decide the plea of the claimants entitlement to bring his cause before the Council and its jurisdiction to entertain such cause and to decide the same as a preliminary issue before going into the merits of the case and in not conducting any proceedings in any judicious manner and in accordance with MSMED Act and Arbitration and Conciliation Act, 1996 as illegal arbitrary unjust and against the provisions of MSMED Act Arbitration and Conciliation Act and also in a flagrant violation of principles of natural justice apart from constitutional guarantees and to consequently direct the 1st Respondent Council to conduct the proceedings before it in the above said case in tune with the provisions of the above said two acts in good faith and spirit by referring the matter firstly to conciliation and in case the same fails then to conduct the proceedings in accordance with the provisions of Arbitration and Conciliation Act 1996”. 2. When the matter is taken up for hearing, Sri Vijay, learned counsel representing Sri A.S.C. Bose, learned counsel for the petitioner, submits that the matter has become infructuous. 3. Recording the said submission, the Writ Petition is dismissed as infructuous. However, liberty is granted to the petitioner to file a fresh application in accordance with law. There shall be no order as to costs. 4 As a sequel thereto, the miscellaneous petitions, pending if any, shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 07.03.2026 KNN 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO:18479/2017 07.03.2026 KNN