Andhra Pradesh High Court Amravati Sew Infrastructure Ltd vs The Andhra Pradesh Micro And Small ... on 27 September, 2024 1 APHC010573642023 AT AMARAVATI [3310] (Special Original Jurisdiction) FRIDAY ,THE TWENTY SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 29656 OF 2023 Between: Sew Infrastructure Ltd ...PETITIONER AND The Andhra Pradesh Micro and Small Enterprises ...RESPONDENT(S) Facilitation Council (APMSEFC) rep., by its Chairman, APIIC Towers, Plot No.1, IT Part, Mangalagiri, Guntur District and Others Counsel for the Petitioner: 1. D S SIVADARSHAN Counsel for the Respondent(S): 1. RAMA CHANDRA RAO GURRAM The Court made the following: ORDER: This Writ Petition is filed under Article 226 of the Constitution of India "to to issue a Writ Order or Direction more particularly one in the nature of Writ of Certiorari and call for the records in Reference No 21C/IFC/2017/16292 on the file of the A.P.Micro Micro and Small Enterprises Facilitation Council and quash and set aside the proceedings in Reference No. No.21C/IFC/2017/16292 2017/16292 on the file of the A.P A. Micro and Small Enterprises Facilitation Council by setting as aside ide the impugned order dated 09.10.2023 2023 as being without jurisdiction jurisdiction, illegal, arbitrary and contrary to the provisions of the MSMED Act. 2 (B) Without prejudice to the above relief and declare the action of Respondent No.1 in proceeding with the final Arbitration hearing under Section18(3) of the Micro Small and Medium Enterprises Development Act, 2006 without taking a decision on the application for reopening of the conciliation proceedings in Reference No.21C/IFC/2017/16292 before the A.P.Micro and Small Enterprises Facilitation Council thereby not conducting proper conciliation proceedings as illegal, arbitrary, unconstitutional and against the principles of natural justice and without jurisdiction and contrary to the Micro Small and Medium Enterprises Development Act, 2006 and consequently direct the Respondent No.1 to reopen the conciliation proceedings in Reference No.21C/IFC/2017/16292 pending on the file of A.P.Micro and Small Enterprises Facilitation Council and pass such other and further orders". 2. Heard Mr.Avinash Desai, learned Senior Counsel, representing Mr. D.S.Sivadarshan, learned counsel for the petitioner and Mr. Gurram Ramachandra Rao, learned counsel for the respondents. 3. Learned counsel for the petitioner would contend that the petitioner had secured works contract from M/s East Coast Energy Pvt., Ltd for the work named as "Civil & Construction Works for Sea Water Intake System for 2 x 660 MW Bhavanapadu Thermal Power Project at Kakarpalli Village, Srikakulam District, Andhra Pradesh" The 2nd respondent approached the petitioner to award the above said contract work to them by submitting an offer letter dated 18.04.2015 and submitted a revised letter dated 29.04.2015 was issued to the 2nd respondent for completing the civil works for sea water intake as per the terms and conditions mentioned therein. As per work order the total estimated contract value was at Rs. 58,19,42,053/and the completion period for the civil and constructions under the work order was 10 months from the notice to proceed i.e February, 2016. The 2nd respondent has grossly failed to complete the execution of the work as per the terms and conditions stipulated 3 in the Work Order and which in result caused huge monetary loss to the reputation of the petitioner company. The petitioner has already paid substantial amounts to the 2nd respondent, even though the 2nd respondent has not completed the work and abruptly stopped the work midway, thereby putting the entire project to peril and caused huge loss to the petitioner. As per the terms of the Work Order, the petitioner company is entitled for levying liquidated damages for th