1. Kamlakar V. Salvi, carrying on business in the name and style of M/s. Krunal Engineering Works, at Krunal Compound, Gala No.1, Near Hindalco, Ganapati Pada, Vitava, Kalwa (East), Thane400 605. 2. Micro and Small Enterprises Facilitation Council, Konkan Region, Thane, constituted under the Micro, Small and Medium Enterprises Development Act, 2006 and having its office at MIDC Office Complex Building, opposite Mulund Check Naka, Wagle Estate Corner, Thane400 604. 3. Union of India, through the Ministry of Micro, Small and Medium Enterprises at Room No.123, Udyog Bhawan, Rafi Marg, New Delhi110011. ..Respondents WITH CIVIL APPLICATION NO.268 OF 2018 WITH BGP. 1 of 54 (6)WP1289716.doc. CIVIL APPLICATION NO.935 OF 2018 IN WRIT PETITION NO.12897 OF 2016 Kamlakar V. Salvi, Age 62 years, Occ: Business, Office Address M/s. Krunal Engineering Works, At Krunal Compound, Gala No.1, Near Hindalso, Ganpati Pada, Vitava, Kalwa. ..Applicant IN THE MATTER BETWEEN JSW Steel Ltd. (Erstwhile Ispat Metallics India Ltd.), A company incorporated under the Companies Act, 1956 with its registered office at Geetapuram, Dolvi Village, Tal: Pen, Alibaug, District Raigad. ..Petitioner Versus 1. Kamlakar V. Salvi, carrying on business in the name and style of M/s. Krunal Engineering Works, at Krunal Compound, Gala No.1, Near Hindalco, Ganapati Pada, Vitava, Kalwa (East), Thane400 605. 2. Micro and Small Enterprises Facilitation Council, Konkan Region, Thane, ..Respondents Mr. Janak Dwarkadas, Senior Counsel a/w Ms. Rishika Harish, Mr. M. P. Bharucha, Ms. Sneha Jaisingh, Mr. Manan Shah and Mr. Aniruddha Banerji i/by Bharucha & Partners, for the Petitioner. Mr. R. A. Thorat, Senior Advocate a/w Ms. Gauri Jadhav, Ms. Pratibha Shelke and Mr. Suryajeet P. Chavan, for Respondent No.1. BGP. 2 of 54 (6)WP1289716.doc. Mr. Aditya Thakkar and Mr. D. P. Singh, Advocate for Respondent No.3 UOI. CORAM : UJJAL BHUYAN & MADHAV J. JAMDAR, JJ. RESERVED ON : 2nd SEPTEMBER, 2021 PRONOUNCED ON : 4th OCTOBER, 2021 JUDGMENT (Per Ujjal Bhuyan J.) Heard Mr. Janak Dwarkadas, learned senior counsel for the petitioner and Mr. R. A. Thorat, learned senior counsel for respondent No.1. We have also heard Mr. Aditya Thakkar alongwith Mr. D. P. Singh, learned counsel for respondent No.3 Union of India. 2. By filing this petition under Articles 226 and 227 of the Constitution of India, petitioner initially sought for quashing of orders dated 08.05.2015 passed by respondent No.2 as well as order dated 05.09.2015 passed by the said respondent. Certain incidental prayers were also made, such as, for quashing of registration of respondent No.1 under the Micro, Small and Medium Enterprises Development Act, 2006 as well as Darkhast No.188 of 2016 on the files of the Court of District Judge at Alibaug. BGP. 3 of 54 (6)WP1289716.doc. 3. By the order (award) dated 08.05.2015, the Micro and Small Enterprises Facilitation Council, Konkan Region, Thane in Application No.39 of 2011 filed by respondent No.1 directed the petitioner to pay principal amount of Rs.54,16,462.00 together with interest as per section 16 of the Micro, Small and Medium Enterprises Development Act, 2006 within a period of one month from the date of receipt of the said order. By the second order dated 05.09.2015, it was held that the order (award) dated 08.05.2015 was a valid one and that there was no question of rehearing the matter. Consequently, notices for rehearing were withdrawn. 4. The writ petition was subsequently amended and post amendment, an additional prayer was made to declare section 16 of the Micro, Small and Medium Enterprises Development Act, 2006 to be ultra vires