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ROHIT RANJAN AGARWAL
State of U. P. – Appellant
Versus
Jindal Concrete Udhyog – Respondent
JUDGMENT :
Rohit Ranjan Agarwal, J.
The claimant-respondent M/s. Jindal Concrete Udhyog had supplied pipe etc. to the provincial division of Public Works Department, Mathura. A reference under Section 18 of Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter called as ''Act of 2006'') was moved by the claimant-respondent claiming a sum of Rs. 2,78,480/- as principal amount and Rs. 3,58,096 as interest till date of filing of claim petition, totalling Rs. 6,36,576.63, and further claimed interest at the rate of 18% on the amount from the date of filing of claim petition before U.P. State Micro and Small Enterprises Facilitation Council, Kanpur, which was registered as Claim Petition No. 28 of 2008, till date of actual recovery.
2. After contest from the State side, final award was made on 3.8.2011 making a final award of Rs. 2,78,480/- as principal and Rs. 7,47,795.86 as interest upto 14.12.2010 totalling Rs. 10,26,275.86 in favour of the claimant.
3. The State filed application under Section 34 (1)(3) of Arbitration and Conciliation Act, 1996 (hereinafter called as ''Act of 1996'') challenging the award before the District Judge, Mathura. An application under Sectio
Mandatory pre-deposit under Section 19 of the Act is essential for challenging awards; courts may extend time for compliance, ensuring access to effective adjudication based on merits.
The main legal point established is that while a pre-deposit is mandatory under Section 19 of the MSMED Act, a petition under Section 34 of the Arbitration and Conciliation Act, 1996 can be filed wit....
Appeal/Application against arbitral award – Requirement of deposit of 75% of awarded amount as a pre-deposit is mandatory.
The Commercial Court has discretion under the MSME Act to allow installment payments for pre-deposit, and cannot dismiss a petition solely for non-compliance without considering requests for extensio....
The requirement of depositing 75% of the awarded amount under Section 19 of the MSMED Act is mandatory for parties challenging an arbitration award, independent of their claims regarding involvement ....
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 ....
Point of Law : Arbitration Award - Having specifically found that the petitioner/buyer failed to make payment of the outstanding amount to the respondent/supplier in respect of at least six of the ei....
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 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 ....
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