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2023 Supreme(Del) 4428

PRATHIBA M. SINGH
Municipal Corporation of Delhi – Appellant
Versus
Triweni Enterprises – Respondent


Advocates appeared:
Mr. Kunal Vajani, Standing Counsel with Mr. Kunal Mimani, Mr. Sandeep Rai and Mr. Kartikey Bhatt, Advocates, for the Petitioner in W.P.(C) 16894 of 2022 and CM APPL. 53541 of 2022 with W.P.(C) 16895 of 2022 and CM APPL. 53543 of 2022 and W.P.(C) 302/2023 and CM APPL. 1188/2023.
Appearance not given, for the Respondent in W.P.(C) 16894 of 2022 and CM APPL. 53541 of 2022 with W.P.(C) 16895 of 2022 and CM APPL. 53543 of 2022.
Mr Rajeev Kumar, Advocate, for the Respondent in W.P.(C) 302/2023 and CM APPL. 1188/2023.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The issue that has arisen in these cases is whether reference could have been made by the Micro and Small Enterprises Facilitation Council (MSEFC) to the DIAC, considering that the Respondents got registered under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act, 2006) post the work order having been placed and the work having already been executed.

3. The Petitioner - Municipal Corporation of Delhi has challenged the impugned reference orders passed by the MSEFC, GNCTD (North) under the MSME Act, 2006.

4. The said references were issued by the MSEFC pursuant to agreements between the Petitioner and the Respondents. Due to certain disputes arising out of the agreements between the parties, the herein Respondents approached the MSEFC, which was the subject matter of the following reference orders and cases:

Writ Petition No.Case No.Date of Reference order
W.P.(C) 16894/2022DL/04/M/DNC/0112525.07.2022
W.P.(C) 16895/2022DL/04/M/DNC/0112625.07.2022
W.P.(C) 302/2023DL/04/M/NWC/0076330.09.2022

5. Both parties submit that the present petitions would be covered by the decision

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