M/s Ekta Telecommunications Systems, N.S. 40, First Phase, Industrial Area, P.O. & P.S. Adityapur, Adityaur, Jamshedpur, District Saraikela, State Jharkhand through Niraj Kumar Mishra s/o not known to the petitioner, resident of N.S. 40, First Phase, Industrial Area, P.O. & P.S. Adityapur, Adityapur, Jamshedpur, District Saraikela, State Jharkhand. ... Respondent/Respondent HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Appellant : Mr. Anil Kumar, ASGI : Mr. Pratyush Kumar, CGC For the Respondent : Mr. Vikas Pandey, Advocate : Mr. Piyush Poddar, Advocate : Mr. Manav Poddar, Advocate Order No. 13/ Dated: 16th August 2023 Per, Anubha Rawat Choudhary, J. Heard the learned counsel for the parties. 2. This letters patent appeal has been filed against judgment dated 30th November 2022 passed by learned writ Court in W.P.(C) No. 2638 of 2020 whereby the writ petition has been dismissed. 3. The writ petition was filed on 09.09.2020 under Article 226 of the Constitution of India challenging the order dated 31 st January 2020 passed by the learned Presiding Officer, Commercial Court, Ranchi in Commercial Revocation (Arbitration) Case No. 04 of 2019 whereby the petition for setting aside the arbitral award filed under section 34 of the Arbitration and Conciliation Act, 1996 (for the sake of brevity herein after referred as the "Arbitration Act") has been dismissed. 4. The arbitral award dated 18.05.2012 was passed by the Facilitation Council (for the sake of brevity herein after referred as Council) constituted under The Micro, Small and Medium Enterprises Development Act, 2006 (for the sake of brevity herein after referred as 2 "the MSMED Act"). 5. In the year 2008, the appellant published a tender for supply of battery backup online UPS with isolated transformer. On 28.03.2009 the respondent was selected by tender committee for supply of 304 UPS. It is the case of the appellant that the respondent installed and commissioned 282 UPS and did not install and commission of 10+12 (total 22) UPS. It is their further case that some UPS were non functional which the respondent did not repair/replace/maintain in spite of request by the appellant. The appellant invoked arbitration clause. 6. The respondent moved before the Facilitation Council, Jharkhand for outstanding claim of Rs.39,34,112/ on account of delayed payment and interest including, interalia, nonpayment for 22 UPS valued at Rs.8,83,861/. The case was registered as Case No. JHSEFC 07/11 under the provisions of the MSMED Act. Ultimately, on 20.05.2011 a reference was made to the Facilitation Council and award was passed on 18.05.2012 communicated vide memo dated 19.06.2012. The Arbitral Award dated 18.05.2012 was passed by the Facilitation Council, Jharkhand by terms of which the respondent has been held entitled to get outstanding principal amount of Rs. 8,83,861/ plus compound interest on delayed payment at three time of the Bank rate, notified by RBI in terms of the MSMED Act till the time, the payment is made. 7. After expiry of the period of limitation to challenge the award, the appellant filed writ petition under Article 226 of the Constitution of India on 07.11. 2012 being WPC No. 6876/2012 alleging violation of principles of natural justice which was dismissed vide order dated 29.04.2013 by holding that on facts appellant failed to establish that the order has been passed without notice or adequate opportunity of hearing. It was also held that the writ petition was filed after expiry of the period of limitation to challenge the award. The appellant filed Letters Patent Appeal being LPA no. 200/2013 against the order dt. 29.4.13 passed in W.P.(C) No. 6876/2012 which was disposed of on 25.03.2014 with liberty and observations to move under section 34 of the Arbitration Act read with se