JUDGMENT :

1. The short question involved in this appeal is as to the extent of the authority available to the Facilitation Council under the Micro, Small and Medium Enterprises Development Act, 2006 to make a reference to arbitration in terms of Section 18 thereof.

2. The facts are not much in dispute. The third respondent herein is a small enterprise within the meaning of Section 2 (m) of the Act of 2006. Upon disputes arising as to the payment to the third respondent herein in connection with an agreement to set up a demineralised water plant at Raghunathpur, the third respondent herein invoked the jurisdiction of the Micro and Small Enterprises Facilitation Council, the first respondent herein, to recover the dues from the appellant.

3. Upon receipt of a reference from a supplier as defined in Section 2(n) of the Act of 2006, the machinery envisaged in Section 18 of such Act is set in motion. Section 18 of the Act may be seen in such context:

“18. Reference to Micro and Small Enterprises Facilitation Council

(1) Notwithstanding anything contained in any other law for the time being in force, any party to a dispute may, with regard to any amount due under section 17, make a reference