JUDGMENT

Prathiba M. Singh, J. This hearing has been done through hybrid mode.

2. This petition raises important issues arising out of the Micro Small and Medium Enterprises Development Act, 2006 (hereinafter `MSMED Act, 2006') and has been from heard time to time by this Court.

3. The question raised in the present petition is-

Under the MSMED Act, 2006 whether an independent claim can be entertained by the MSEFC at the instance of the BUYER?

4. The issue is to be adjudicated in the background facts wherein, the Respondent no.2 who is the buyer sought a reference under Section 18 of the MSMED Act of its claims against the Supplier, as an independent claim. No claim was filed by the Supplier against the Buyer and thus the Buyer's claim was not filed as a counter-claim.

Brief Facts

5. The Petitioner - Uniseven Engineering and Infrastructure Pvt. Ltd. seeks quashing/setting aside of the impugned order dated 14th September, 2021 passed by Respondent No.1 - Micro and Small Enterprises Facilitation Council District (South), GNCTD (hereinafter, `MSEFC') under the MSMED Act, 2006 advising the Petitioner to pay a sum of Rs.9,59,66,352/- to Respondent No. 2 - Harji Engineering Works Pvt. L