CHIEF GENERAL MANAGER Vs. DRIPLEX WATER ENGINEERING LTD

JUDGEMENT

(1.) The petitioner, M/s Neyveli Lignite Corporation Limited (hereafter 'Neyveli') has filed the present petition impugning an order dated 16.06.2016 passed by The Micro and Small Enterprises Facilitation Council (hereafter 'MSEF Council'). MSEF Council concluded that the parties (Neyveli and respondent no.1) were not interested in amicably resolving their disputes and consequently, by the said order, MSEF Council terminated the conciliation proceedings and referred the matter under Section 18(3) of The Micro, Small and Medium Enterprises Development Act, 2006 (hereafter 'MSMED Act') for arbitration under the aegis of Delhi International Arbitration Centre.

(2.) Neyveli contends that the impugned order is without any jurisdiction as respondent no.1 (hereafter 'Driplex') is not a small enterprise and therefore, MSEF Council lacked the jurisdiction to make a reference under Section 18 of the MSMED Act. Neyveli also assails the impugned order on the ground that MSEF Council had failed to consider the preliminary objections raised by it.

(3.) The relevant facts necessary to address the aforesaid controversy are set out below:-