JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done though hybrid mode.

2. This petition has been filed by the Petitioner-JKS Infrastructure Pvt. Ltd. seeking order/writ for setting aside the reference UDYAM-DL-10- 0032365/M/00003 dated 10th September, 2022 made by Respondent No.1-MSME Facilitation Council under section 18(2) of the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter, "MSME Act") and all other subsequent proceedings initiated pursuant to the aforesaid reference made by the Respondent No.1.

3. Disputes had arisen between the Petitioner and the Respondent No.3-Lamba Techno Flooring Solutions, in which the Respondent No.1 made a reference to arbitration to the Respondent No.2-Delhi Arbitration Centre (DAC).

4. On 2nd December 2022, the Petitioner argued that the MSME Act did not apply as the purchase order and invoice between the Petitioner and Respondent No.3 were dated before Respondent No.3's registration as an MSME on 8th February 2021. On the said date, notice was issued to all Respondents in the present petition.

5. Vide order dated 11th January 2023, it was clarified that no arbitral tribunal was to be constituted till the pendency