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2023 Supreme(Del) 4472

PRATHIBA M. SINGH
Indian Oil Corporation Ltd. – Appellant
Versus
Micro Small And Medium Enterprises Facilitation Council – Respondent


Advocates appeared:
Mr. Kunal Kalra, Advocate, for the Petitioner.
None, for the Respondents.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. None appears for the Respondents despite service.

3. The present petition has been filed by the Petitioner - Indian Oil Corporation Ltd. seeking setting aside of the impugned reference order dated 21st September, 2021 issued by the Micro, Small and Medium Enterprise Facilitation Council, South Revenue District, GNCTD (MSEFC) under the Medium Enterprises Development Act, 2006 (MSME Act, 2006).

4. In the present case, the work contract between the Petitioner and Respondent No.2 - GS Buildtech Pvt Ltd is of 4th April, 2017 and work was completed on 10th February, 2020. Subsequently, the Respondent No. 2 was registered as an MSME on 9th March, 2021.

5. Due to certain disputes arising out of the said works contract between the parties, the Respondent No.2 approached the MSEFC. Thereafter, vide the impugned reference order dated 21st September, 2021 the MSEFC referred disputes between the Petitioner and Respondent No.2 - GS Buildtech Pvt Ltd for arbitration before the DIAC.

6. This Court, vide order dated 20th March, 2023, while issuing notice had stayed the arbitration proceedings before th

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