SADBHAV ENGINEERING LTD vs MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL WEST & ORS.

Judgment text excerpt

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 50/2025 CM APPL. 4006-07/2025 SADBHAV ENGINEERING LTD. .....Appellant Through: Appearance not given. versus MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL, NEW DELHI & ORS. .....Respondents Through: Mr. Vijay K Wadhwa, Mr. Arush Kumar Malhotra, Advocates for R-2 % Date of Decision: 22nd January, 2025 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT TUSHAR RAO GEDELA, J: (ORAL) 1. Present letters patent appeal has been preferred under Clause X of the Letters Patent Act, 1866 assailing the impugned order dated 23rd December, 2024 passed by learned Single Judge of this Court whereby the underlying writ petition being W.P.(C) No.17846/2024 titled ‘Sadbhav Engineering ltd. vs. Micro and Small Enterprises Facilitation Council, New Delhi & Ors.” filed by the appellant was dismissed, thereby affirming the order dated 9th December, 2024 passed by the Sole Arbitrator in the arbitration proceedings being Arbitration Case No. DL/11/S/DWC/00734 of 2024 and the communication dated 16th Signature Not Verified LPA 50/2025 Page 1 of 8 Digitally Signed By:MADHU SARDANA Signing Date:27.01.2025 11:25:35 August, 2024 passed by the Nodal Officer, Micro and Small Enterprise Facilitation Council. (hereinafter referred to as “MSEFC”). 2. The facts, shorn of unnecessary details and germane to the issue at hand and collated from the underlying writ petition and the present appeal, are as follows: a. The appellant is a company registered under the Companies Act, 1956 and is engaged in the business of Civil Construction and other allied work. The respondent No.2/Mr. Kapil Chanana is a Sole Proprietor of M/s S.K. Timber Traders, and is inter alia engaged in the business of renting construction equipments such as sh