JUDGMENT

Jasmeet Singh, J. (Oral)

I.A. 7684/2023 in O.M.P. (COMM) 11/2023

1. This is an application on behalf of the respondent under Section 34(3) of the Arbitration and Conciliation Act, 1996 ("Act 1996") seeking dismissal of the present petition i.e. O.M.P. (COMM) 11/2023 as being beyond the limitation prescribed under section 34 of Act 1996.

2. It is stated by Mr Kaushik, learned counsel for the respondent that the petitioner has failed to comply with the mandatory provision of pre deposit as per section 19 of Micro, Small and Medium Enterprises Development Act, 2006 ("MSMED Act") and hence the present petition under section 34 of Act 1996 will not lie.

3. He further states that in terms of Section 19 of MSMED Act, the petitioner is required to deposit 75 % of the awarded amount at the time of filing the petition. In case the same is not done, it is non est filing in the eyes of law and the Court cannot grant time to make the pre deposit under section 34 of Act 1996. In the present case, in view of the award dated 23.09.2022, the last date to deposit was 21.12.2022. Since the same has not been deposited till now, the petition is liable to be dismissed.

4. Mr. Kaushik has relied upon