Authority: Supreme Court of India
Order Date: 04-08-2026
Case Overview
- Petitioner: M/s. Raffles Residency Private Limited; Respondent: M/s. Enkon Engineering & Anr.
- Petition for Special Leave to Appeal (C) No.35556/2025 arises from impugned final judgment and order dated 10‑11‑2025 in COM.A No.389/2024 of the High Court of Karnataka, Bengaluru.
- Petitioner contends that Respondent No.1 was not a “registered enterprise” under Section 2(n) of the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 at the time the contract was entered into.
- Respondent allegedly obtained MSME registration on 3‑Aug‑2020; subsequently filed an application under Section 18 of the MSMED Act on 6‑Aug‑2020 for recovery of certain amounts.
- Petitioner argues that because registration post‑dated the contract, the MSMED Facilitation Council lacked jurisdiction to entertain the Section 18 application, rendering the award a nullity.
- The issue is noted to be pending before a larger bench of the Supreme Court in “NBCC v. State of West Bengal and Others”, reported in (2025) 3 SCC 440 (Civil Appeal No.3705/2024).
Final Outcome
- The Court ordered that the present matter be tagged with the larger‑bench case mentioned above.
- An interim order was issued to continue the proceedings.
Topics: MSME Regulation, Legal Dispute