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Issues: Whether the Micro and Small Enterprises Facilitation Council had jurisdiction to entertain the claim and refer the dispute to arbitration where the claimant had already been paid statutory audit fees under the Income-tax Act, and whether the impugned proceedings deserved to be stayed.
Analysis: The petition raised a jurisdictional objection to the Council's reference under the Micro, Small and Medium Enterprises Development Act, 2006 on the ground that the dispute related to payment of statutory audit fees governed by the Income-tax Act, 1961. The Court noted the submission that the fee had been paid pursuant to earlier directions of the Court and that any grievance in relation to such payment would lie within the Income-tax Act framework. At the same time, reliance was placed on the non obstante effect of Section 24 of the Micro, Small and Medium Enterprises Development Act, 2006. On the material then before it, the Court formed a prima facie view that once the statutory audit fees had been paid in terms of the Court's order, the MSME Council could not have invoked jurisdiction.
Conclusion: The proceedings before the MSME Council and the order dated 19.09.2019 were stayed till the next date of hearing.
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