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mahesh   06 February 2015

Opinion required

Dear Sir,

Our payment was pending with ED, UPGEWC since 2005 and we have several letter from Ministries in our favor to clear our pending payments. But even after the ministries letters ED, UPGEWC did not make our payments of Rs. 103000/-

We had filed a case under MSMED Act 2006 with the Facilitation council at Kanpur against Uttar Pradesh Government Employees Welfare Corporation (UPGEWC) for our pending payment of Rs. 103000/-  and interest as per MSMED Act 2006. We attended several proceeding of the facilitation council and the opponent also agreed that the payment is pending but the opponent(UPGEWC) was not ready to pay the interest. Facilitation council asked the ED, UPGEWC to pay atleast some interest to us.

We requested council to get us interest as we are a NSIC registered SSI unit and are still paying interest to our bankers. 

But suddenly on next hearing Facilitation council dropped the case without any proper reason and mentioning that the material supplied was of inferior quality and not as per standards. Whereas we had supplied the material in 2003 and in past so many years never received any quality complaint orally and in written too.

We re-appealed against the decision of council as per  section 33 of the Arbitration and Conciliation Act 1996 No. 26 of 1996 on 3 december 2014. But council dismissed our appeal without mentioning any reason.

Now how should we proceed further in the matter against council's decision. Facilitation council is itself not helping a genuine SSI Industry to get payment with interest. Several orders are enclosed for kind perusal and further help in the matter.

Thanking you

Mahesh 

Hanuman Electricals, Agra

M-9412723627



Learning

 1 Replies

Saurendra Rautray (advocate)     06 February 2016

Hi,

May be there might be some chance where you can turn the table against the department. i couldnt open yor attachment. I need to see the copy of the award before making any opinion.

Regards

Saurendra Rautray

Rautray&co

New Delhi

www.rautray.com

09437008255


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