Authority: Supreme Court of India
Order Date: 12-10-2026
Case Overview
- Parties: National Highways and Infrastructure Development Corp. Ltd. (NHIDCL) & ORS. (Petitioner) vs. Girin Deka & ORS. (Respondent).
- Origin: Girin Deka filed Writ Petition (Civil) No.7326/2018 in Gauhati High Court seeking a mandamus for release of a contractual amount of Rs.11,06,85,770/- from NHIDCL.
- Single Judge (12‑06‑2023) allowed the writ, directing payment while permitting NHIDCL to pursue recovery from M/s. Corsan Corviam Construction S.A.
- NHIDCL appealed; Division Bench of Gauhati High Court (orders dated 19‑08‑2024 and 15‑12‑2025) set aside the Single Judge’s order, holding that writ jurisdiction is inappropriate for contractual disputes involving factual issues and that the matter should be resolved under the arbitration clause (Clause 26.3.1 of the contract dated 19/11/2014). The Bench noted the sub‑contractor was not a signatory to the arbitration agreement.
- The Division Bench further observed that, under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), Girin Deka qualifies as a “supplier” and therefore a “buyer‑supplier” relationship exists with NHIDCL. It quoted Sections 15‑18 of the Act, emphasizing the buyer’s liability to pay within 45 days and the entitlement of the supplier to compound interest at three times the RBI‑notified bank rate, and the right to refer the dispute to the Micro and Small Enterprises Facilitation Council for mediation/arbitration.
- The Supreme Court, after hearing Senior Counsel Narender Hooda (NHIDCL) and Senior Counsel Amit Anand Tiwari (Girin Deka), considered the correctness of the Division Bench’s observations.
Final Outcome
- The Supreme Court condoned the delay in filing the Special Leave Petitions.
- It upheld the Division Bench’s finding that the writ petition was not maintainable.
- It set aside the Division Bench’s observations in paragraphs 21‑29 and 32 concerning the jurisdiction and operation of the MSMED Facilitation Council.
- The Court left open all remedies available to Girin Deka; any proceedings before the MSMED Facilitation Council or any other forum will be decided independently of the Supreme Court’s order.
- The Court directed that, since the dispute relates to the period 2017‑2018, the Facilitation Council must dispose of the matter within six months from the order date (i.e., by 12‑04‑2027).
- Both Special Leave Petitions are disposed of in these terms, and any pending applications, if any, stand disposed of.
Topics: Legal; MSMED