NARENDRA KUMAR VYAS
South Eastern Coalfields Ltd. – Appellant
Versus
M. R. Beltings – Respondent
| Table of Content |
|---|
| 1. supply order details and delays (Para 1) |
| 2. petitioner's challenge on jurisdiction (Para 2) |
| 3. respondent's defense on maintainability (Para 3 , 4) |
| 4. court's analysis on jurisdiction aspects (Para 5 , 6) |
| 5. mandatory pre-deposit requirement (Para 7) |
| 6. court's conclusion on petitioner rights (Para 8 , 9) |
| 7. final order disposing of the petition (Para 10) |
ORDER :
(Narendra Kumar Vyas, J.)
The petitioner in his usual course of business has issued supply order to respondent No. 1 for supply of 5400 mtrs. of 1000 mm FR grade rubber conveyor belt on 18.05.2014. As per supply order, the respondent No. 1 was to complete the supply of entire material up to 02.08.2014 but the firm after expiration of time schedule given for each of supply, has supplied the material on 18.08.2014 and 14.09.2014 to the tune of 2443 mtrs. and balance quantity was required to be supplied to the tune of 2957 mtrs.
2. Learned counsel for the petitioner would submit that the respondent was requested to supply the material within stipulated time period but the firm failed to supply the balance quantity of 2957 rubber belting despite the extension of the said delivery period but no supply was made. Therea
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.
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 High Court cannot entertain writ petitions challenging awards of the Micro and Small Enterprises Facilitation Council without the mandatory deposit of 75% of the awarded amount as per Section 19 ....
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.
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 must adhere to the procedural requirements of both the MSMED Act and the Arbitration Act, and failure to do so renders any award issued a nullity, which can be challenged out....
The main legal point established in the judgment is the requirement of complying with the provisions of Section 19 for challenging an award under the Act of 1996 and the limitations on entertaining a....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.