Supreme Court refers question of writ jurisdiction over MSME Council awards to a five-judge bench.
Resolving a growing conflict in interpretation, the Supreme Court referred to a Constitution Bench the issue of whether writ petitions under Article 226 are maintainable to challenge awards of the Micro and Small Enterprises Facilitation Councils under the MSMED Act, 2006.
The referral arises from inconsistent High Court opinions—some treating MSME awards as arbitral and thus appealable only under Section 37 of the Arbitration Act, while others permit direct writ challenges. A five-judge bench will now decide the justiciability and statutory exclusivity.
The outcome will shape the appellate mechanism for thousands of SME disputes and clarify whether the specialized regime under the MSMED Act ousts writ jurisdiction.
