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2023 Supreme(Del) 4976

PRATHIBA M. SINGH
Grand Mumtaz Hotel And Resort – Appellant
Versus
Deputy Commissioner North East Government of NCT of Delhi – Respondent


Advocates appeared:
Mr. Shekhar Dasi and Mr. Ayush Dassi, Advocates, for the Petitioner.
Ms. Mehak Nakra, ASC with Mr. Karan Kapur, Advocate, for the Respondent-1.
Dr. Farrukh Khan, Mr. Anup Kr. Nagar, Mr. Aman Rai and Ms. Shagun Sarohi, Advocates, for the Respondent-2.

JUDGMENT

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

2. This petition raises important issues under the Micro Small and Medium Enterprises Development Act, 2006 (hereinafter `MSMED Act, 2006') and has been heard time to time by this Court along with other matters raising similar issues.

3. The question that arises in this petition is-

Whether the `Supplier' ought to be registered under the MSMED Act, 2006 on the date when the contract is executed between the parties, in order to avail of the arbitral mechanism prescribed under the said Act?

Brief Facts

4. The Petitioner - M/s Grand Mumtaz Hotel and Resort seeks quashing/setting aside of the impugned reference order dated 8th October, 2022 passed by Respondent No.1 - Deputy Commissioner, North East, Government of NCT of Delhi, acting as Micro and Small Enterprises Facilitation Council (hereinafter `MSEFC') under the MSMED Act, 2006. By the impugned order the MSEFC has forwarded the reference sought under Section 18 of the MSMED Act, 2006 by Respondent No.2 - M/s Dhruv Construction & Interiors, to Respondent No.3 - Delhi International Arbitration Centre (DIAC). The Petitioner also challenges the order dated

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