CiteTEXT
...OnLine P&H 6259, by which in the proceedings under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the 1996 Act”) which was filed under Section ...setting aside the arbitral award before the Special Commercial Court, Gurugram. That the appellant herein submitted an application under Section 19 of the Msmed Act, 2006 directing Respondent 1...the vires of Section 19 of the Msmed Act, 2006, held that the pre-deposit of 75% of the arbitral award under Section 19 of the Msmed Act, 2006 is directory and not mandatory, has...
...Limited v. State of Rajasthan and Others,3after interpreting the provisions of the MSMED Act, including the powers of the MSEFC under sub-section (2) and (3) of ...), held that a writ petition under Articles 226/227 of the Constitution was not maintainable as Section 18 of the MSMED Act provides for recourse to a statutory remedy for challenging an award under ...seventy-five per cent of the amount in terms of the decree, award or order in the manner as directed by the court. Proviso to the Section 19 of the MSMED Act states that pending disposal...
...appellant have been dismissed for non-compliance of provisions of Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (for short, 'MSMED Act').
2...Court, Aligarh, by the appellant. The respondents filed objections referring to Section 19 of the MSMED Act. The Commercial Court, Aligarh, by its order dated 19.12.2020 ordered for deposit of 75 percent...of the amount of award in the court purportedly seeking compliance of provisions of Section 19 of the MSMED Act.
3. Aggrieved of the said order, appeals under Section 37...
...arbitration was not conducted in accordance with the provisions of the MSMED Act, therefore, the learned Commercial Court erred in applying Section 19 of the said Act to the objections filed by the...petitioner against the Award and directing the deposit. According to the learned counsel for the petitioner, it was unjust for the Commercial Court to enforce Section 19 of the MSMED Act, when throughout...circumstances, the learned Commercial Court had to deal with the objections filed as an ordinary matter under Section 34 of the A&C Act with no reference to MSMED Act, particularly, Section 19 the...
...Section 19 of the Micro, Small and Medium CM(M) 769/2018 Page 2 of 16 Enterprises Development Act, 2006 (hereinafter referred to as the MSMED Act). 2...Section 19 of the CM(M) 769/2018 Page 3 of 16 MSMED Act. Petitioner relied upon the decision of the Supreme court of India in M/s Snehadeep Structures Private Ltd vs Maharashtra S...the disputes as if the arbitration was in pursuance of an arbitration agreement referred to in sub-section (1) of Section 7 of the Arbitration Act. 13. Section 19 of the ...
...Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as "MSMED Act")....behalf of the original applicant that original respondent is a small scale unit and therefore, relying upon Section 19 of the MSMED Act, it was submitted that while preferring the appeal / application...submitting that in the facts and circumstances of the case Section 19 of the MSMED Act shall not be applicable. It was submitted that the learned Arbitrator was appointed under the...
...that instant petition preferred under Section 34 of the Arbitration and Conciliation Act, 1996, assails the award passed by the learned Arbitrator under the provisions of MSMED Act, 2006. Admittedly, provisions of ...the MSMED Act, 2006 have not been complied with by the petitioner.
Learned counsel for the petitioner submits that petitioner will deposit the amount in terms of Section 19 of...the MSMED Act within two weeks.
At his request, list immediately after two weeks."
2. Learned...
...Section 34 of the Arbitration Act could not be entertained in this case without complying with the ...'). It being so, the petitioner should have filed the application under section 19 of the msmed act and not...under Order VII Rule 11 of the CPC. As such, the present petition is dismissed. However, liberty is granted to the petitioner to move an application under section 19 of the msmed act. It...
...present applicant/appellant was dismissed for want of compliance of Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act in short). The impugned order dated 21.08.2023...notes that the present applicant/appellant had not deposited 75% of the decretal/award amount in compliance of Section 19 of the MSMED Act, hence, appeal/objections were not entertained. The impugned...entertained in view of non- compliance of Section 19 of the ibid Act. Accordingly,
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the matter is dismissed for want of compliance...
...the learned District Judge, Shimla, H.P. dated 07.08.2023. In terms of the aforesaid order, the appeal filed by the present applicant/appellant was dismissed for want of compliance of section 19 of the Micro, Small and Medium Enterp.../award amount in compliance of Section 19 of the MSMED Act, hence, appeal/objections were not entertained. The impugned order reads as under:-
"As per Section ...deposited 75% of the decretal/award amount in compliance to Section 19 of the Act. Therefore, the appeal/objections cannot be entertained in view of non- compliance of Section 19 of the ibid Act. ...
...present applicant/appellant was dismissed for want of compliance of Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act in short). The impugned order dated 21.08.2023...notes that the present applicant/appellant had not deposited 75% of the decretal/award amount in compliance of Section 19 of the MSMED Act, hence, appeal/objections were not entertained. The impugned...entertained in view of non- compliance of Section 19 of the ibid Act. Accordingly,
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the matter is dismissed for want of compliance...
...the learned District Judge, Shimla, H.P. dated 07.08.2023. In terms of the aforesaid order, the appeal filed by the present applicant/appellant was dismissed for want of compliance of section 19 of the Micro, Small and Medium Enterp.../award amount in compliance of Section 19 of the MSMED Act, hence, appeal/objections were not entertained. The impugned order reads as under:-
"As per Section ...deposited 75% of the decretal/award amount in compliance to Section 19 of the Act. Therefore, the appeal/objections cannot be entertained in view of non- compliance of Section 19 of the ibid Act. ...
...between the words "filed" in section 36(2) of the 1996 Act and "entertained" in section 19 of the MSMED Act to say that filing of the section 34 application will be sufficient for the Cou...preliminary objection to the maintainability of the application. According to counsel, the petitioner must first comply with the requirement of section 19 of the MSMED Act in the matter of depositing 75% of...the awarded amount before applying for setting aside of the award. Counsel submits that this requirement would have overriding effect over all existing laws under section 24 of the MSMED Act. It is submitted that not having...
...between the words "filed" in section 36(2) of the 1996 Act and "entertained" in section 19 of the MSMED Act to say that filing of the section 34 application will be sufficient for the Cou...preliminary objection to the maintainability of the application. According to counsel, the petitioner must first comply with the requirement of section 19 of the MSMED Act in the matter of depositing 75% of...the awarded amount before applying for setting aside of the award. Counsel submits that this requirement would have overriding effect over all existing laws under section 24 of the MSMED Act. It is submitted that not having...
...prescribed under Section 19 of the MSMED Act by the applicant in instalments.
2. In the affidavit filed in support of this application, the applicant has undertaken to...adhere to the statutory mandate as prescribed under
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Section 19 of the MSMED Act and show its bonafides by depositing 75...-deposit amount as mandated under Section 19 of the MSMED Act in instalments, provided the applicant is able to establish hardship for payment of the entire amount in one instalment...
...under Section 34 of the Arbitration and Conciliation Act, 1996 read with Section 19 of the MSMED Act, against the aforesaid
2...% of the entire awarded amount alongwith upto-date interest passed by the learned Arbitrator, vide award dated 30.08.2023 within a period of six weeks, in terms of Section 19 of the MSMED Act, 2006....
6. Section 19 of the MSMED Act, 2006 provides that no application for setting aside any decree, award or other order made either by the Council itself or by any institution or centr...
...prescribed under Section 19 of the MSMED Act by the applicant in instalments.
2. In the affidavit filed in support of this application, the applicant has undertaken to...adhere to the statutory mandate as prescribed under
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Section 19 of the MSMED Act and show its bonafides by depositing 75...-deposit amount as mandated under Section 19 of the MSMED Act in instalments, provided the applicant is able to establish hardship for payment of the entire amount in one instalment...
...law of limitation. He further submits that as per provisions of Section 19 of MSMED Act the appellant could not have deposited 75% of the award had there been a specific order...same has been declined for want of limitation, more over it is essential and mandatory requirement of provisions of Section 19 of MSMED Act to deposit 75% of the amount and...petitioner has never deposited 75% of the amount of award before challenging the said award, which is mandate of Section 19 of MSMED Act. Again contention of the petitioner that he has never been given the...
...to challenge the award is by way of preferring an application under Section 19 of MSMED Act, 2006 r/w. Section 34 of the Arbitration and Conciliation Act, 1996.
6...earlier writ petition was pending before the Court.
7. Section 19 of MSMED Act, 2006 will stipulate that any application challenging the award can be filed under the said...the award lies only under Section 19 of MSMED Act, 2006 r/w. Section 34 of the Arbitration and Conciliation Act, 1996. But the award has been passed without taking into consideration of the abilit...
...respondents 3 and 4, who are the statutory authorities under the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as MSMED Act). The case was taken up on file and summons was issued to the ...petition is resisted by the respondents 1 and 2 on the ground of maintainability of the writ petition against any award passed by the MSME Council, as an appeal remedy is provided under Section 19 of the MSMED Act....writ petition is, whether the writ petition is maintainable in view of the alternative remedy that is available under Section 19 of the MSMED Act?
8. A perusal of the...