SC: Petition Challenging MSMED Award Not Valid.

Last Updated: 19-11-2023 03:21:33pm
SC: Petition Challenging MSMED Award Not Valid.


In a recent landmark decision, the Supreme Court of India addressed the maintainability of writ petitions challenging awards issued by Facilitation Councils under the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006. The bench, comprised of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, unequivocally declared that such writ petitions are not maintainable. The court emphasized that the appropriate recourse against an award under the MSMED Act is explicitly provided for in Section 34 of the legislation.

Background of the MSMED Act:

Enacted in 2006, the MSMED Act aims to promote and facilitate the development of micro, small, and medium enterprises (MSMEs) in India. One of the significant provisions of the Act involves the establishment of Facilitation Councils, tasked with adjudicating disputes and determining the amount of claims between parties, primarily concerning delayed payments to MSMEs.

Supreme Court's Decision:

The Supreme Court's ruling underscores the importance of adhering to the statutory framework laid out in the MSMED Act. According to the bench, writ petitions challenging awards made by Facilitation Councils are not the appropriate legal recourse. Instead, Section 34 of the MSMED Act delineates the proper procedure for aggrieved parties seeking to challenge or enforce an award. The court's decision serves as a reminder of the necessity to follow the legislative framework in place for dispute resolution within the MSME sector.

Analysis of the Supreme Court's Position:

The Supreme Court's position is rooted in the principle of upholding the legislative intent and statutory provisions. By declaring writ petitions as not maintainable, the court aims to channel disputes arising under the MSMED Act through the specific mechanisms outlined in the legislation. This approach aligns with the broader judicial philosophy of respecting the separation of powers and the role of statutory bodies in resolving disputes within their designated spheres.

Section 34 of the MSMED Act:

Section 34 of the MSMED Act details the process for filing an application to set aside an arbitral award or to enforce it. The provision ensures that parties dissatisfied with an award have a structured and statutory avenue for seeking redress. By conferring jurisdiction on the appropriate court, Section 34 ensures a transparent and consistent mechanism for handling disputes arising from Facilitation Council awards.

Implications for Litigants:

Litigants engaged in disputes falling under the purview of the MSMED Act must take note of the Supreme Court's pronouncement. The decision emphasizes the necessity of pursuing legal remedies in accordance with the statutory framework. Parties intending to challenge or enforce awards issued by Facilitation Councils should adhere to the procedures laid down in Section 34, thereby avoiding potential pitfalls associated with filing writ petitions that may be deemed not maintainable.


The Supreme Court's recent ruling on the maintainability of writ petitions against awards issued by Facilitation Councils under the MSMED Act underscores the significance of following statutory procedures. By reinforcing the applicability of Section 34, the court has provided clarity on the appropriate legal recourse for parties embroiled in disputes governed by the MSMED Act. This decision contributes to the overall legal landscape surrounding MSMEs, promoting a structured and legislatively sanctioned approach to dispute resolution within this vital sector of the Indian economy.

TAGS: Supreme Court MSMED Act ,Facilitation Councils Writ petitions Maintainability ,Chief Justice DY Chandrachud,Justice JB Pardiwala Justice Manoj Misra

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