JUDGMENT :

1. Shorn of unnecessary details, the respondent no.3 is a Micro, Small and Medium Enterprise (MSME). A contract was entered into between the petitioner no.1 and respondent no.3 by virtue of which the respondent no.3 is to supply the components and erect pipeline and accessories at the Hazaribag LPG Plant of the petitioner no.1.

2. There arising a dispute between the parties regarding such transaction, the respondent no.3 approached before the West Bengal State Micro, Small Enterprises Facilitation Council (hereinafter referred to as “the Council”) under Section 18 of the Micro, Small and edium Enterprises Development Act, 2006 (for short, “the MSME Act”) for resolution.

3. A question as to maintainability of the said proceeding was raised by the petitioner no.1. Initially, the Council proceeded to decide the matter without deciding the question of maintainability. As such, the petitioners moved a writ petition wherein a co-ordinated Bench directed that the matter may be heard afresh on the question of maintainability. In compliance with such direction, the Council passed a reasoned order dated October 14, 2022, holding that the Council does have jurisdiction to adjudicate t