Supreme Court of India
Gujarat State Disaster Management Authority v. M/s Aska Equipments Limited
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What the Court ordered
In view of the above and considering the language used in Section 19 of the MSME Act, 2006 and the object and purpose of providing deposit of 75% of the awarded amount as a pre-deposit while preferring the application/appeal for setting aside the award, it has to be held that the requirement of deposit of 75% of the awarded amount as a pre-deposit is mandatory.
Judgment, page 6
From the headnote
Micro, Small and Medium Enterprises Development Act, 2006 – s.19 – Goods taken by appellant – Dispute regarding paym ent of – Award passed by Facilitation Council in favour of the responde nt, appellant directed to pay Rs. 105,053,387/- – Chall enged by appellant by filing application u/s.34, 1996 Act r/w s.19 – Dir ected to deposit 75% of the awarded amount in terms of s.19 – Several opportunities granted – Application for waiver, dismissed – Appellant granted last opportunity to deposit the said amount – Challe nged – Writ petition dismissed – On appeal, held: Requireme nt of deposit of 75%
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