Bombay High Court Dodale Electro Instruments Thr. Its ... vs The Micro And Small Enterprises ... on 23 September, 2025 2025:BHCAS:40078 wp 9081 of 2025.doc CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9081 OF 2025 Dodal Electro Instruments, having its address at Building D, Flat No.13, Chattraban Coop. Housing Society, S.No.127/2, Aundh, Pune 411 007, through its Proprietor Mr. Arinjay Dodal ... Petitioner versus 1. The Micro and Small Enterprises Facilitation Council, At Daman, Union Territory of Dadra and Nagar Haveli and Daman and Diu, District Industries Centre, 1st Floor, Udhyog Bhavan, Bhenslore, Daman 396 210. 2. Mexim Adhesive Tapes Pvt. Ltd., Flat No.Surve No.351/1, BlockD and E, Village / Town Kachigam, Kachigam Char Rasta Road, Daman & Diu, Daman 396 210 ... Respondents WITH WRIT PETITION NO.9082 OF 2025 Dodal Electro Instruments, having its address at Building D, Flat No.13, Chattraban Coop. Housing Society, S.No.127/2, Aundh, Pune 411 007, through its Proprietor Mr. Arinjay Dodal ... Petitioner versus 1. The Micro and Small Enterprises Facilitation Council, SSP 1/31 wp 9081 of 2025.doc At Daman, Union Territory of Dadra and Nagar Haveli and Daman and Diu, District Industries Centre, 1st Floor, Udhyog Bhavan, Bhenslore, Daman 396 210. 2. Mexim Adhesive Tapes Pvt. Ltd., Flat No.Surve No.351/1, BlockD and E, Village / Town Kachigam, Kachigam Char Rasta Road, Daman & Diu, Daman 396 210 ... Respondents Mr. Chanakya Keswani with Mr. Tanmay Bhave i/by Economic Laws Practice, for Petitioner. Mr. Rohan Agarwal with Ms. Vidisha Rohira i/by Jonathan D. for Respondent No.2. RESERVED ON : 25 AUGUST 2025 PRONOUNCED ON : 23 SEPTEMBER 2025 JUDGMENT : 1. Rule. Rule made returnable forthwith, and, with the consent of the learned Counsel for the parties, heard finally. 2. By these Petitions, the Petitioner takes exception to an order dated 7 March 2024 passed by the Micro and Small Enterprises Facilitation Council MSEFC Respondent No.1, at Daman, thereby directing the Petitioner to pay to the Respondent No.2 seller, a sum of Rs.28,49,940/ and Rs.42,35,504/ respectively, along with interest as admissible under Section 16 of the Micro, Small and Medium Enterprises Development Act, 2006 (the Act of 2006). 3. The background facts necessary for the determination of these petitions SSP 2/31 wp 9081 of 2025.doc can be summerized as under : 3.1 Mexim Adhesive Tapes Pvt. Ltd. (Mexim) Respondent No.2 is a private limited company. Mexim is engaged in the business of manufacture of paper, rubber and plastic products. Dodal Electro Instruments (Dodal) is a proprietorship concern of Mr. Arinjay Dodal. It is engaged in the business of manufacture and supply of electrical instruments and associated components. 3.2 The Petitioner entered into commercial transactions with Mexim. Pursuant thereto, Work Order no.001 was issued for supply of 2,40,692.42 sq. meters of selfadhesive tape. The Petitioner purchased the material aggregating to Rs.15,00,631/ from Mexim. Another Work Order No.003 was issued for supply of 2,40,335.77 sq. meters of selfadhesive tape. Thereunder, the Petitioner purchased the material from Mexim worth Rs.14,88,789/. 3.3 Mexim instituted two proceedings before the MSEFC Respondent No.1 being Case No.DD/01/S/DND/000074 and DD/01/S/DND/000075 for recovery of the amounts which allegedly remained outstanding for the supply of the material under the respective work orders. In case No.75 (subject matter of WP No.9081 of 2025), the claim was for Rs.1,47,610/. In case No.74 (subject matter of WP No.9082 of 2025), the claim was for Rs.3,00,