Synopsis

The petitioner (NBCC) challenged orders passed by the Micro and Small Enterprises Facilitation Council under Section 18 of the MSMED Act, 2006, on the ground that the respondent (MSME) was not registered under Section 8 of the Act at the time of the contract, rendering the reference non‑maintainable. The High Court dismissed the petition, following the Supreme Court’s decision in NBCC (India) Ltd. vs. State of West Bengal (2023), which held that registration under Section 8 is not a mandatory pre‑condition for invoking Section 18. The court noted that the matter is pending before a larger bench, but the existing view has been consistently followed by the High Court. The impugned orders only referred the dispute to arbitration (DIAC) and did not decide merits; therefore, no interference was warranted.

Court: High Court of Delhi at New Delhi

Coram: Hon’ble Mr. Justice Purushaindra Kumar Kaurav (Single Judge)

Date of Decision: 22nd April 2026

Citation: W.P.(C) 7788/2025 (2026:DHC:3828 – inferred)

Core Law: Micro, Small and Medium Enterprises Development Act, 2006 – Sections 8(1), 18; Jurisdiction of Facilitation Council – registration of MSME.

1. Heading of the judgment

High court of delhi at new delhi

W.p.(c) 7788 of 2025 and cm appl. 34425 of 2025

Nbcc india limited (petitioner) vs. Micro and small enterprises facilitation council new delhi government of nct of delhi & anr (respondents)

Coram: hon’ble mr. justice purushaindra kumar kaurav

Date: 22nd april, 2026

2. Legal framework

Major laws and provisions involved:

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