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2021 Supreme(SC) 610

M. R. SHAH, A. S. BOPANNA
Gujarat State Disaster Management Authority – Appellant
Versus
Aska Equipments Limited – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Ajay Kumar, AOR Mr. Pinakin M. Raval, Adv. Mr. Ashish Chaubey, Adv. Mr. Subrata Ray, Adv.
For the Respondent(s): Mr. Jitender Chaudhary, Adv. Ms. Shilpa Chohan, Adv. Mr. Rajesh Singh, AOR

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 26.09.2019 passed by the High Court of Uttarakhand at Nainital in Writ Petition (MS) No. 2708/2019, by which the High Court has dismissed the said writ petition and has confirmed the order passed by the learned Additional District Judge (Commercial), Dehradun in Miscellaneous Application No. 150 of 2018, whereby the appellant herein was directed to deposit 75% of the awarded amount in terms of Section 19 of Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as the ‘MSME Act 2006’) the appellant herein-original appellant/applicant has preferred the present appeal.

2. That the parties are governed by the provisions of the MSME Act, 2006. A dispute arose between the parties regarding payment of goods which was taken by the appellant. The proceedings under Section 18 of the MSME Act, 2006 commenced. The Facilitation Council passed an award dated 10.11.2017 in favour of the respondent herein and directed the appellant to pay a sum of Rs. 105,053,387/- (Rs. Ten crores Fifty Lakhs Fifty Three Thousand Three Hundred and Eighty Seven only).

3. Feeling aggriev

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