Supreme Court Judgment Analysis | NBCC vs. West Bengal
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Supreme Court Judgment Analysis | NBCC vs. West Bengal Introduction This Supreme Court judgment deals with the civil appeal filed by NBCC (India) Ltd. against the State of West Bengal and others concerning the applicability and interpretation of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act). Central to the case is whether registration under Section 8 of the MSMED Act is a mandatory precondition for invoking dispute resolution under Section 18. Case Overview and Facts NBCC, a government entity, entered into five construction contracts with Saket Infra Developers Pvt. Ltd. between 2015 and 2017 for projects in West Bengal. Saket Infra was registered as a small enterprise under the MSMED Act in 2016, after some of the contracts were executed. Disputes arose regarding payments, leading the enterprise to invoke Section 18 of the MSMED Act and approach the West Bengal Facilitation Council for arbitration. The appellant (NBCC) challenged the jurisdiction of th...