ORDER :

1. This petition is filed under Article 226 of the Constitution of India praying for writ of certiorari or any other appropriate writ, order or direction quashing and setting aside order dated 4.3.2013 passed below Exh.56 in Civil Misc. Application No.148 of 2002 by 2nd Additional District Judge, Vadodara, whereby application given by the petitioner for rejection of the application of the respondent herein for non compliance of pre-deposit of 75% of the amount of award, for filing such application praying for setting aside award passed by the Arbitral Tribunal in view of provisions of Micro, Small, and Medium Enterprises Development Act, 2006 (herein after referred to as ‘MSME Act’), which came to be rejected by the concerned Court.

2. Assailing the impugned order, Mr.B.S.Patel, Senior Advocate, learned counsel assisted by Mr.Umang Oza, learned advocate for the petitioner submitted that in view of the provision made in Section 19 of the ‘MSME Act’, no any application for setting aside the award passed by Arbitral Tribunal under Section 34 of the Arbitration and Conciliation Act, 1996 (herein after referred to as ‘the Act, 1996’) be entertained without ensuring deposit of 75%