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2021 Supreme(Mad) 2414

SENTHILKUMAR RAMAMOORTHY
Saravana Selvarathinam, Dairy Division, Rep. by its Proprietor S. Saravana Arul – Appellant
Versus
Nivjer Infrastructure, Rep. by its Chief Executive R. Vincent Raju – Respondent


Advocate Appeared:
For the Appellant :M/s. G. Karthikeyan, Advocate.
For the Respondents:R.P. Vijaykrishnan, R. Priyakumar, Advocates.

JUDGMENT :

(Prayer: Arbitration Original Petition filed under Section 34 of Arbitration and Conciliation Act 1996, to set aside the order passed by the 2nd respondent herein, in MSEFC/CR/03/2005, dated 10.06.2010.)

1. The respondent before the Micro and Small Enterprises Facilitation Council, Chennai Region (the Arbitral Tribunal) is the petitioner herein. An award passed by the Arbitral Tribunal on 10.06.2010 under the Micro, Small and Medium Enterprises Development Act, 2006 (the MSMED Act) is assailed herein. Section 18(3) of the MSMED Act prescribes that the provisions of the Arbitration and Conciliation Act, 1996 (the Arbitration Act) shall apply to arbitration under the MSMED Act. As regards a challenge to an award under the MSMED Act, Section 19(1) of the MSMED Act prohibits a court from entertaining the same unless 75% of the amount awarded is deposited in the manner directed by the court. By calculating the amount awarded, including interest, in a sum of Rs.18,86,965/-, a sum of Rs 14,59,377/- was deposited by the petitioner to the credit of this petition in compliance with the pre-deposit requirement under the MSMED Act.

2. The petitioner herein issued a purchase order dated

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