The High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to lssue a Writ, Order or Direction, more particularly in the nature of Writ of Mandamus, declaring the action of the respondent No. 3 in not converting the complaints into formal references/cases under Section 18(2) and initiate appropriate proceedings under Section 18 of the MSMED Act, 2006 on the complaints filed by the Petitioner against M/s Armee lnfotech Private Limited and M/ s Shivam Associates is illegal, arbitrary, contrary to law and violation of Principles of Natural Justice and consequently direct the Respondent 3 to convert the complaints into formal references/cases under section 18(2) and initiate appropriate proceedings under Section 1 8 of the MSMED Act, 2006 of the complaints of the Petitioner against Mis Armee lnfotech Private Limited and M/s .ldf Shivam Asscciates by communicating the status and progress of the complaints to the Petitic,ner within a fixed time frame lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the R:spondent 3 to convert the complaints intg formal references/cases under Secticn 18(2) and initiate appropriate proceedings under Section 18 of the MSIMED Act 2006 of the complaints of the Petitioner against M/s Armee lnfotech Private Limi:ed and M/s Shivam Associates by communicating the status and progress of the complaints to the Petitioner within a fixed time frame Counsel for the Petitioner : SRI GOLAMARU VENKATA REDDY Counsel for the Respondent No.1 : Deputy Solicitor General of lndia Counselfor the Respondent No.2 : GP FOR INDUSTRIES AND COMMERCE Counselfor the Respondent No.3: -- The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAI(A UIRIT PETITION No.23636 of 20.25 ORDER: The ptesent Writ Petition is filed unde5 Article 226 of tl;.e Constitution of India, seeking a Writ of Mandamus directing respondent No.3-Micro and Small Enterprises Facilitation Council (MSEFC), Yadadri-Bhuvanagiri to convert the complaints filed by the petitioner against (i) M/s. Armee Infotech Private Limited and (ii) M/s. Shivam Associates, into formal references/cases under Section 18(2) of the Micro, Small and Medium Enterprises Development Act, 2006 (for short, "the MSMED Act"), and to initiate proceedings thereunder.

2. Heard Sri G.V. Reddy, learned counsel for the petitioner; learned Standing Counsel for Central Government, for respondent No.1 and learned Government Pleader for Industries and Commerce, Mines and Geolory, for respondent No.2.

3. Learned. counsel for the petitioner submits that the Petitioner, a registered Micro Enterprise under the MSMED Act, has fited two complaints before respondent No.3 i.e. i) against M/s. Armee Infotech Private Limited, for recovery of 2 Rs.1,9l;,12,474/- (supply dues) and ii) against M/s. Shivam AssocieLtes, for recovery of Rs.S,44,560/- (tax dues paid under protestl. He submits that despite lapse of the statutory time, respon<lent No. 3 did not convert the said complaints into formal references or cases under Section 18(2) of the MSMED Act, no conciliation or adjudication proceedings were initiated in the r:omplaints and no communication was made regarding their status. He further submits that the inaction of responcLent No. 3 violates the statutory mandate under Section 18 of the MSMED Act as well as the principles of natural justice.

4. Learned Government Pleader for lndustries and Commer-ce, Mines and Geologr, placed on record, the written instructions received from respondent No.3 and submits that the complaint against M/s. Armee lnfotech Private Limited, filed on 21.')9.2024, along with hard copies submitted on

28.04.2O25, has been admitted and will be taken up for hearing starting from Septemb er 2025. Similarly, the complaint against M/s. Shivam Associates, filed on O9.04.2025, along with hard copies sr:bmitted on 28.04.2025, has also been registered and admitted, and is likewise scheduled to be heard from 3 September 2025 onwards. He further submits that the petitioner's unit is duly recognized under the Udyam Registration and falls under the service sector category, which entitles it to the benefits and remedies under the:MSMED Act.

5. This Court has carefully considered the pleadings and the contentions advanced by learned counsel on either side. The relief sought in the Writ Petition primarily revolves around the inaction of respondent No.3 in admitting the complaints filed by \ the petitioner and initiating the process contemplated under Section 18 of the MSMED Act. On a perusal of the material placed before this Court, it is evident that both.complaints filed by the petitioner against M/s. Armee Infotech Private Limited and M/s. Shivam Associates have been admitted by respondent No.3, and the process is scheduled to commence from September 2025. As such, the grievance of the petitioner stands substantially redressed, and there remains no further cause of action for this Court to exercise its writ jurisdiction at this

6. In view of the above, this Writ Petition is disposed of with a direction to respondent No. 3 to proceed with the admitted references filed by the petitioner in respect of M/s. Armee \ t iI : I 4 Infotech Private Limited and M/s. Shivam Associates in accordzrnce with law, as expeditiously as possible. Further, respon<lent No. 3 shali communicate the progress and status of the adrnitted references to the petitioner at each stage of the proceedings. No costs Miscellaneous applications, if any pending, shall stand closed. SD/. A.SREENIVASA REDDY ASSISTANT REGISTRAR 6- SECTION OFFICER I //TRUE COPY/ To,

1. The Secretary, Ministry of Micro, Small and Medium Enterprises, Udyog Bhawarr, RafiMarg, Union of lndia New Delhi - 110011-

2. The Prircipal Secretary, lndustries and Commerce Department, Secretariat, The Sterte of Telangana, Hyderabad - 500022.

3. One CC to SRl. GOLATUARU VENKATA REDDY Advocate [OPUC] 4. One CC to SRl. Deputy Solicitor General of lndia Advocate IOPUC] 5. Two CC;s to GP FOR INDUSTRIES AND COMMERCE, High Court for the State ol Telangana, Hyderabad [OUT]

6. Two CEt Copies PVL TKS \ HIGH CI)URT DATED:2310912025 ORDER WP.No.2:3636 of 2025 -'.: .r. ; . a\ ;r lA: i () () 0 g ttB 2026 ,I * DISPOSING OF THE WRIT PETITION WITHOUT COSTS +