JUDGMENT

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

2. This petition raises an important issue arising out of the Micro Small and Medium Enterprises Development Act, 2006 (hereinafter `MSMED Act, 2006').

3. The question that is to be determined is-

Whether the Micro & Small Enterprises Facilitation Council (MSEFC) can entertain references to arbitration from Medium Enterprises, in addition to those made by Micro or Small Enterprises under the MSMED Act, 2006?

Brief Facts

4. The Petitioner - Sterlite Power Transmission Limited seeks quashing/setting aside of the impugned reference order dated 27th October, 2021 passed by Respondent No.2 - Sub-Divisional Magistrate (East), Government of NCT of Delhi, acting as Micro and Small Enterprises Facilitation Council under the MSMED Act, 2006 (hereinafter, `MSEFC'). By the impugned reference order the reference filed by the Respondent No. 1 - M/s EPC Solutions LLP under Section 18 of MSMED Act, 2006 has been forwarded to the Delhi International Arbitration Centre (DIAC).

5. An agreement dated 15th September, 2017 was entered into by the Petitioner with Respondent No. 1 for providing vacuum pumps and engineers for P