A single bench of Delhi High Court of Justice Rekha Palli has sought response from the MSME Facilitation Counsel in matter of inordinate delay in dealing with filing of application, delayed payment and disposal of pending application while hearing a petition filed by NK Kapur & Company Pvt. Ltd. through Advocates Ankur Mahindro and Rohan Taneja. 

Petition was filed against the delay in payment of approximately Rs. 2 Crore before MSME Samadhaan portal on February 5th, 2021, despite the provision of MSME Act mandating that at the reference to the MSMEFC being decided within 90 days of reference, no action was taken on the said application. 

 The plea stated that ‘the statistics for State of NCT of Delhi reveal that the MSMEFC are virtually defunct and are proceeding at snail’s pace.’  As per the  statistics available on the Website of MSME Samadhaan, a total of 7,569 applications have been filed across the State of NCT of Delhi and 6,122 out of the same (approximately 80%) are still pending. 

Taking note of the pending application and the inordinate delay, the High Court urged to lay down guidelines in order to ensure that all applications filed before MSME Facilitation Counsel in the State of NCT of Delhi can be disposed within the statutory period of 90 days.

The matter is fixed to be heard on August 25th, 2021.

[READ ORDER]