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4. The Petitioner - M/s Grand Mumtaz Hotel and Resort seeks quashing/ setting aside of the impugned reference order dated 8th October, 2022 passed by Respondent No.1 - Deputy Commissioner, North East, Government of NCT of Delhi, acting as Micro and Small Enterprises Facilitation Council (hereinafter 'MSEFC') under the MSMED Act, 2006. By the impugned order the MSEFC has forwarded the reference sought under Section 18 of the MSMED Act, 2006 by Respondent No.2 - M/s Dhruv Construction & Interiors, to Respondent No.3 - Delhi International Arbitration Centre (DIAC). The Petitioner also challenges the order dated 17th October, 2022 passed by the DIAC by which the parties have been directed to file a statement of claim and reply before it.

8. The Respondent No. 1 issued notice to the Petitioner. The Petitioner raised objections as to the jurisdiction of the MSEFC both in its reply to the notice as also in its written submissions. The grievance of the Petitioner is that the said objection as to the applicability of the MSMED Act, 2006 and the jurisdiction of the MSEFC was not decided by the Respondent No. 1.

9. It is stated that six hearings were held in the conciliation proceedings before the MSEFC however, the same did not fructify into a settlement. Finally, the MSEFC referred the matter to DIAC vide the impugned order dated 08th October, 2022.

10. The DIAC vide the impugned order dated 17th October, 2022 directed the parties to file a statement of claim and reply. By the said communication the Respondent No.2 was also directed to file its claim petition before the DIAC

11. It is stated that subsequent to the filing of the present writ, the DIAC has also sent a communication to the parties to deposit a sum of Rs. 2,63,279/- each towards the claims and counter-claims as the fee of the DIAC.

12. In view thereof, the Petitioner has filed the present petition challenging the jurisdiction of the MSEFC and the Reference order.