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2016 Supreme(Chh) 335

SANJAY K.AGRAWAL
I. C. S. A. (India Limited), Through Managing Director, I. C. S. A. (India Limited) – Appellant
Versus
Swastik Wires, Through Kirti Jain, Managing Director – Respondent


Advocates Appeared:
For the Petitioner: Mr. Raghavendra Pradhan and Mr. Shikhar Sharma
For the Respondent: Mr. B.P. Sharma and Mr. Raza Ali

ORDER :

Sanjay K. Agrawal, J.

The Micro and Small Enterprises Facilitation Council constituted under Section 20 of the Micro, Small and Medium Enterprises Development Act, 2006 (for short 'the Act of 2006') arbitrated the arbitrable dispute between the parties and delivered an award on 12-3-2014 granting Rs.80,02,528/- in favour of the respondent herein and against the petitioner herein/defendant.

2. Feeling aggrieved against the award passed by the Facilitation Council, the petitioner defendant filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Act of 1996') before the District Court, Raipur, but the petitioner defendant did not deposit the mandatory deposit under Section 19 of the Act of 2006, therefore the learned District Judge on 14-7-2015 directed for deposit of 75% of the award amount and further directed that till the amount is deposited, the proceedings shall remain in abeyance and that order has attained finality as it has not been sought to be challenged by the petitioner till it is denied. Execution was levied by the respondent herein. The petitioner herein filed two applications, one under Order 7, Rule 11 read with Section
















































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