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2003 (9) TMI 556

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..... purchase order dated 25-1-1999 is also said to have been issued. 2. The petitioner claims that though it had supplied the agreed quantity of conductors in accordance with the terms of agreement, payments were not made to it as per the schedule. The petitioner claims that it is entitled for the benefit of payment of interest on delayed payment of the contractual amount in terms of the Interest. On Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993, hereinafter referred to as the Act. 3. The petitioner submitted its claim in terms of the said act on 17-4-2003. The 2nd respondent refused to act upon the same on the ground that the petitioner s unit was registered in the State of Haryana. The 2nd respondent .....

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..... he petitioner being the successful tenderer in respect of supply of a category of conductor to the 3rd respondent in the year 1998 is not in dispute. There are disputes as regards the schedule of payment and entitlement of the petitioner to be paid the amounts up to an extent and within a particular time. The petitioner claims that it was denied the payments for substantial length of time and thereby it is entitled for payment of interest under the Act. 8. The Parliament had enacted the Act with a view to protect the interests of Small Scale and Ancillary Industrial Undertaking in the matter of payments to them. The Act provides for payment of interest on any delayed payment. Each state is empowered to constitute councils to give effect .....

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..... onnotations would have arisen if the expression was the State or the concerned State . Use of the expression a State in this context is not without significance. The Parliament was conscious of the fact that the Small Scale and Ancillary Industrial Undertakings registered in one State would have their contractual relations with the other States or agencies functioning in other States. It was for this reason that the language was so employed as to enable the Units to work out their remedies at the place where the cause of action has arisen or the contract has been either entered into or executed. The emphasis, in the definition is on the existence of permanent registration and not the place of registration. 11. Further, if the claim .....

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