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2021 Supreme(Cal) 253

SHAMPA SARKAR
Salzgitter Hydrolics Private Limited – Appellant
Versus
Eastern Coalfields Limited – Respondent


Advocates Appeared:
Mr. Arup Nath Bhattacharyya, Mr. Hemanta Kumar Das, Ms. Sreetama Biswas., for the Appellant; Mr. Shiv Shankar Banerjee, Ms. Sanchita Barman Roy., for the Respondent.

JUDGMENT

1. The revisional application has been preferred by the respondent in a proceeding under Section 34 of the Arbitration and Conciliation Act, 1996, pending before the learned Judge, Commercial Court at Assansol, being Misc. (Arbitraion) Case No.25 of 2019.

2. The petitioner is aggrieved by the order dated December 15, 2020, by which the learned Commercial Judge allowed the show cause notice filed by the Eastern Coalfields Limited as to why a deposit of 75 per cent of the decreetal amount or awarded amount need not be deposited in the proceeding before the learned Commercial Judge. The learned Judge was of the opinion that as the entire 100 per cent of the decreetal amount was secured in terms of the order of the learned Civil Judge (Senior Division), Durgapur, passed in Misc. Execution Case No.36 of 2017, a further direction for deposit of 75 per cent of the security deposit was not required under the law.

3. Mr. Bhattacharyya, learned advocate appearing on behalf of the petitioner submits that the order impugned is contrary to the provisions of Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006, inasmuch as, the provision for deposit of 75 per cent

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