M/S TAMIL NADU CEMENTS CORPORATION LTD Versus MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL AND ANR. (C.A. 1016/2025)

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Reading · C.A. 1016/2025

Case Record

C.A. 1016/2025

M/S TAMIL NADU CEMENTS CORPORATION LTD Versus MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL AND ANR.

HON'BLE MRS. JUSTICE V. MOHANA · HON'BLE THE CHIEF JUSTICE · HON'BLE MR. JUSTICE JOYMALYA BAGCHI

C.A.Direction to public body Civil appeals Constitutional Contractual Obligations Delay Municipal law

223 PDF renditions· 223 distinct judicial orders· 20 verified locally

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8Important Paragraphs
6Legal Principles
12Authorities
47Similar Cases

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What Happened

M/S TAMIL NADU CEMENTS CORPORATION LTD Versus MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL & ANR.. C.A. 1016/2025 in the Supreme Court of India, CNR SCIN010037762023. Status on the court record: PENDING. This page is written from 20 order document(s) downloaded for this case, dated 17 February 2023 to 22 August 2026.

On 17 February 2023 the order records: It is stated that the impugned judgment passed by the High Court dismissing the Writ Appeal dated 07.12.2022 has not yet been uploaded on the website. Our attention is drawn to Annexure P-37 of the paper book, which is an order dated 04.06.2016 passed by the Micro and Small Enterprises Facilitation Council, Coimbatore
On 8 August 2025 the order records: Issue notice and tag with Civil Appeal No. 1016/2025, titled “M/s. Tamil Nadu Cements Corporation Ltd. vs. Micro and Small Enterprises Facilitation Council & Anr.”. There shall be stay of operation of the impugned judgment/ order passed by the High Court, till the next date of hearing.
On 25 August 2025 the order records: The order dated 08.08.2025 shall stand modified and corrected by substituting the second paragraph thereof, which shall now read as under: CA No. 1016/2025 etc.
On 12 September 2025 the order records: The matter is taken on Board. We are informed that the issue in this special leave petition is mainly on the maintainability of a writ petition under Article 226 of the Constitution of India against an Award passed by the Micro and Small Enterprises Facilitation Council. As that very issue has been referred to a larger
On 5 January 2026 the order records: Despite service being complete, none has entered appearance for respondent no.1. Counter affidavit on behalf of respondent no.2, if any, be filed on or before 19.01.2026.
On 27 January 2026 the order records: Delay condoned. Issue notice and tag with Civil Appeal No. 1016/2025, titled “M/s. Tamil Nadu Cements Corporation Limited vs. Micro and Small Enterprises Facilitation Council & Anr.”.
On 6 February 2026 the order records: Delay condoned. Application for exemption from filing a certified copy of the impugned judgment is allowed.
On 22 August 2026 the order records: IA No. 234862/2026 List this application before a Bench presided over by Hon'ble Mr. Justice Sanjay Kumar.

Issues Before Court

In the light of the aforesaid decisions, we deem it appropriate to refer the following questions raised in the present appeal to a larger Bench of five Judges, namely: (i) Whether the ratio in M/s India Glycols Limited (supra) that a writ petition could never be entertained against any order/award of the MSEFC, completely bars or prohibits maintainability of the writ petition before the High Court?
3776/2023 Page 23 of 24 (iii) Whether the members of MSEFC who undertake conciliation proceedings, upon failure, can themselves act as arbitrators of the arbitral tribunal in terms of Section 18 of the MSMED Act read with Section 80 of the A&C Act?
1 In terms of the signed reportable judgment, the following questions raised in the present appeal are referred to a larger Bench of five Judges, namely: (i) Whether the ratio in M/s India Glycols Limited (supra) that a writ petition could never be entertained against any order/award of the MSEFC, completely bars or prohibits maintainability of the writ petition before the High Court?

Procedural History

17 February 2023. It is stated that the impugned judgment passed by the High Court dismissing the Writ Appeal dated 07.12.2022 has not yet been uploaded on the website. Our attention is drawn to Annexure P-37 of the paper book, which is an order dated 04.06.2016 passed by the Micro and Small Enterprises Facilitation Council, Coimbatore
21 July 2023. List the matter on a non-miscellaneous day during third week of September, 2023. Interim order, granted earlier, to continue.
14 May 2024. Re-list in the week commencing 17.09.2024.
5 December 2024. Arguments heard. Judgment reserved.
22 January 2025. Order on the record. The operative text could not be read.
22 January 2025. Order on the record. The operative text could not be read.
24 January 2025. Issue notice and tag with SLP(C) Diary No. 3776/2023, titled “M/s. Tamil Nadu Cements Corporation Limited V. Micro and Small Enterprises Facilitation Council and Another ”, and other connected matters. Notice will be served by all modes, including dasti.
28 February 2025. Third line of paragraph(2) of the order dated 31.01.2025 is modified to the extent that the word 'micro' shall be read as 'small'. (INDU MARWAH) (NIDHI WASON) AR-cum-PS
2 May 2025. Delay condoned. Issue notice and tag with SLP (C) Diary No. 3776/2023.
1 August 2025. Issue notice and tag with C.A. No.1016/2025, titled “ M/s. Tamil Nadu Cements Corporation Ltd Vs. Micro And Small Enterprises Facilitation Council and Anr.”.
8 August 2025. Issue notice and tag with Civil Appeal No. 1016/2025, titled “M/s. Tamil Nadu Cements Corporation Ltd. vs. Micro and Small Enterprises Facilitation Council & Anr.”. There shall be stay of operation of the impugned judgment/ order passed by the High Court, till the next date of hearing.
21 August 2025. The matter is taken on Board. List on 25.08.2025.
25 August 2025. The order dated 08.08.2025 shall stand modified and corrected by substituting the second paragraph thereof, which shall now read as under: CA No. 1016/2025 etc.
12 September 2025. The matter is taken on Board. We are informed that the issue in this special leave petition is mainly on the maintainability of a writ petition under Article 226 of the Constitution of India against an Award passed by the Micro and Small Enterprises Facilitation Council. As that very issue has been referred to a larger
17 September 2025. In view of order passed in Civil Appeal No. 1016/2025 titled as 'M/S. Tamil Nadu Cements Corporation Ltd. versus Micro and Small Enterprises Facilitation Council & Anr.', let this Review Petition be posted along with Civil Appeal No.1016/2025.
5 January 2026. Despite service being complete, none has entered appearance for respondent no.1. Counter affidavit on behalf of respondent no.2, if any, be filed on or before 19.01.2026.
27 January 2026. Delay condoned. Issue notice and tag with Civil Appeal No. 1016/2025, titled “M/s. Tamil Nadu Cements Corporation Limited vs. Micro and Small Enterprises Facilitation Council & Anr.”.
6 February 2026. Delay condoned. Application for exemption from filing a certified copy of the impugned judgment is allowed.
5 June 2026. 1. Issue notice. 2. Tag with Civil Appeal No.1016/2025.
22 August 2026. IA No. 234862/2026 List this application before a Bench presided over by Hon'ble Mr. Justice Sanjay Kumar.
Counsel named on these orders, not a complete vakalatnama, include the advocates listed below.

Advocates — Appellants: Mr. Maninder Singh, Mr. K.v.jagdishvaran, Mr. Harnaman Singh, Mr. Gandeepan, Mr. Ashwini Kumar, Mr. Prabhas Bajaj, Ms. G. Indira, Mr. K.V.Jagdishvaran, Mr. K.V. Jagdishvaran, Mr. Gandepan, Ms. D. Poornima, Mr. K. Radhakrishnan Advocates — Respondents: Mr. Om Prakash, Mr. Senthil Jagadeesan, Mr. B.manoharan, Mr. Sajal Jain, Ms. Sonakshi Malhan, Ms. Mrinal Kanwar, Mr. B. Manoharan, Mr. Vaibhav, Mr. E. Om Prakash, Mr. Kaushitaki Sharma, Ms. Hima Bhardwaj, Mr. Puneet Agarwwal

Relief Sought & Granted

On 22 August 2026 the latest order on this record says: IA No. 234862/2026 List this application before a Bench presided over by Hon'ble Mr. Justice Sanjay Kumar.

The court record used for this archive still shows the case as not disposed. No final relief is added beyond the words of the orders above.

Subjects

Direction to public body Civil appeals Constitutional Contractual Obligations Delay Municipal law

Current position

PENDING · Latest recorded event 22 Aug 2026

Latest development

Latest recorded event 22 Aug 2026

Next hearing

5 Jan 2026

Important procedural note

Written only from 20 Supreme Court order file(s) for this case. No headnote or citation was added. 158 other files in the folder were left out.