JUDGMENT :

1. This petition under Article 227 of the Constitution of India has been filed by M/s. Suisse A LA Mode (P) Ltd. being aggrieved by the order dated 20th February, 2021 passed by the Commercial Court, South East District, Saket Courts, Delhi, directing the petitioner to make a deposit of 75 per cent of the amount awarded by the Arbitrator.

2. The brief facts as are relevant for the disposal of the present petition are that the parties were engaged in commercial business transactions relating to purchase of readymade denims and shirts by the petitioner from the respondent. Disputes arose between the two sides. The respondent company filed a claim for Rs.60,49,930.11/- along with pendente-lite and future interest, as per the Micro, Small and Medium Enterprises Development Act, 2006 (“MSMED Act”, for short).

3. The learned Arbitrator passed an Award for Rs.84,13,888/- with compound interest @ 12.75 per cent with effect from 1st September, 2020 till actual date of realization, in favour of the respondent. This Award was challenged by the petitioner before the learned Commercial Court by filing an application under Section 34 of the Arbitration and Conciliation Act, 1996 (“A&C Ac