IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 31131 of 2009(J) -------------------------- PETITIONER(S): --------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM, REPRESENTED BY LAW OFFICER, SRI.RANJITH JOSEPH. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC RESPONDENT(S): --------------- 1. AFCO RUBBERS (P) LTD., MAVIL COTTAGE, THANGASSERY, KOLLAM. 2. UNION OF INDIA, REPRESENTED BY MINISTRY OF LAW AND COMPANY AFFAIRS, NEW DELHI. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 31131/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.29.10.08. P2. COPY OF THE PURCHASE ORDER DTD.4.7.02. P3. COPY OF THE COUNTER STATEMENT. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 31131 of 2009 ================== Dated this the 17th day of June, 2010 J U D G M E N T The petitioner is challenging Ext.P1 award of the Kerala Micro and Small Enterprises Facilitation Council, Thiruvananthapuram, under the Micro, Small and Medium Enterprises Development Act, 2006, by which, the petitioner was directed to pay an amount of Rs.2,55,322/- with interest at the rate of 18% from the date of last supply computed in monthly interest as per Sections 15 and 16 of the Act. The petitioner would submit that as provided under the Act itself, the petitioner filed a suit challenging the award before the District Court, but for want of compliance with pre-condition of depositing of 75% of the amount awarded, the District Court returned the same and it is under the said circumstances, the petitioner has filed this writ petition, instead. It is now admitted that a Division Bench of this Court has upheld the provisions relating to pre-deposit as valid, which has been confirmed by the Supreme Court of India. That being so, the remedy of the petitioner lies in filing a suit depositing 75% of the amount awarded in accordance with the provisions of the Act. Without prejudice that right of the petitioner, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2