MSME Council jurisdiction depends on registration at contract date; pre-registration agreements fall outside Section 18 coverage.

A consulting agreement executed before MSME registration did not attract the Micro, Small and Medium Enterprises Development Act, 2006 for that contract. The statutory scheme under Section 2(n) read with Section 8 requires the supplier to be a micro or small enterprise that has filed the prescribed memorandum, and that condition was not satisfied on the contract date. Because the agreement was signed before registration, the Council could not assume jurisdiction under Section 18, even though the contract stated that Indian law would govern the parties' rights. The challenge to the High Court's decision therefore failed.

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Issues: Whether the Micro and Small Medium Enterprises Facilitation Council had jurisdiction under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 to entertain the dispute when the consulting agreement was executed before the appellant's registration as an MSME and the governing clause stipulated application of Indian law.

Analysis: The governing clause in the agreement provided that the contract and the parties' rights would be construed in accordance with the laws of India. The agreement was executed on 24.08.2020, while the appellant obtained MSME registration only on 28.08.2020. The statutory scheme under Section 2(n) read with Section 8 of the Micro, Small and Medium Enterprises Development Act, 2006 requires the supplier to be a micro or small enterprise that has filed the prescribed memorandum. On the date of contract, that requirement was not satisfied. In those circumstances, the parties were not governed by the Micro, Small and Medium Enterprises Development Act, 2006 for that contract, and the Council could not assume jurisdiction under Section 18.

Conclusion: The Council had no jurisdiction under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 in the facts of the case, and the challenge to the High Court's decision failed.

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