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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANU SIVARAMAN, VIJAYKUMAR A. PATIL
Raffles Residency Pvt. Ltd. – Appellant
Versus
Enkon Engineering A Registered Partnership Firm – Respondent
| Table of Content |
|---|
| 1. challenge to the commercial court's order. (Para 1 , 2 , 3) |
| 2. contention regarding maintainability of application. (Para 4 , 5 , 6 , 7 , 8) |
| 3. interpretation of sections of msmed act. (Para 9 , 10 , 11) |
| 4. conflicting decisions on msmed act application. (Para 12 , 13 , 14) |
| 5. doubts raised on registration requirement. (Para 15 , 18) |
| 6. pre-deposit requirement upheld. (Para 16 , 17 , 19) |
| 7. final dismissal of the appeal. (Para 20) |
JUDGMENT :
ANU SIVARAMAN, J.
This Commercial Appeal is preferred challenging the order dated 26.07.2024 of the LXXXIII Additional City Civil and Sessions Judge, Bengaluru (CCH-84) ('Commercial Court' for short) in COMAP No. 68/2023.
2. We have heard Shri. Joshua Hudson Samuel, learned counsel appearing for the appellant and Shri. Udaya Holla, learned senior counsel as instructed by Shri. Balasubrahmanya K.M, learned advocate appearing for Caveator/Respondent No.1.
3. The appellant who was the respondent before the Arbitral Tribunal had filed an application under Section 34 of the Arbitration and Conciliation Act, 1996, challenging the award dated 19.01.2023 passed by the Micro and Small Enterprises Facilitation Council ('Facilitation Council' for
An application under Section 34 of the Arbitration and Conciliation Act cannot be entertained without the pre-deposit of 75% of the awarded amount as mandated by Section 19 of the MSMED Act.
The mandatory deposit requirement under Section 19 of the MSMED Act must be fulfilled before entertaining applications to set aside arbitration awards, ensuring fairness to MSMEs and compliance with ....
The requirement of depositing 75% of the awarded amount under Section 19 of the MSMED Act is mandatory for parties challenging an arbitration award, independent of their claims regarding involvement ....
Jurisdictional challenges to arbitration awards must be raised under Section 34 of the Arbitration Act, and the pre-deposit requirement under Section 19 of the MSME Act is mandatory.
The mandatory pre-deposit requirement under Section 19 of the MSMED Act, 2006 for challenging an award and the overriding effect of the MSMED Act, 2006 over the Arbitration Act, 1996 in specific disp....
The Facilitation Council's failure to adhere to prescribed procedures in the MSMED Act renders its award a nullity, invalidating the requirement for challenge under the Arbitration Act.
A buyer cannot seek stay of an award made by the Facilitation Council unless the buyer first deposits 75% of the awarded amount under section 19 of the MSMED Act. The filing of an application under s....
A writ petition challenging an award under the MSME Act is not maintainable unless the petitioner deposits 75% of the awarded amount, as mandated by Section 19 of the MSME Act, 2006.
Arbitration - Commercial Transaction - Arbitral Award - Since objections to an Award are to be filed under S. 34 of A&C Act, S. 19 of MSMED Act qualifies filing of such objections by providing that n....
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