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2023 Supreme(Del) 737

PRATHIBA M. SINGH
Malani Construction Company – Appellant
Versus
Delhi International Arbitration Centre – Respondent


Advocates appeared:
Mr. Jeetender Gupta, Adv., for the Petitioner.
Mr. Anupam Srivastava, ASC, GNCTD and Mr. Vasuh Misra, Adv., for R-2.
Mr. Animesh Kumar, Ms. Krishna Saroff, Mr. Himanshu Ahuja Advs., for R-3.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present petitions challenge the reference made by the Micro & Small Enterprises Facilitation Council (hereinafter 'MSEFC'), vide its order dated 27th January, 2022. The said reference was in relation to disputes between the Petitioner-M/s Malani Construction Company and Respondent No. 3-M/s LSR Medical Private Limited (hereinafter 'LSR') to arbitration before the Delhi International Arbitration Centre (hereinafter 'DIAC') in MSEFC Case No. 75/2018 and MSEFC Case No. 76/2018.

3. In MSEFC Case No. 75/2018- the case of the Petitioner is that Respondent No.3/LSR had made certain supplies of goods/ services to the Petitioner through various invoices for the period 4th July 2012 to 5th March 2015. Subsequently, on 26th May, 2017, Respondent No. 3/LSR submitted a memorandum under the Micro Small and Medium Enterprises Development Act ( hereinafter 'MSMED Act') and got registered as a Micro enterprise. On 15th October 2018, Respondent no. 3/LSR caused a legal notice to be served upon the Petitioner, demanding a sum of Rs. 1,75,06,370/- towards supply of goods/services to the Petitioner along w

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