AVR ENTERPRISES Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner impugns order dated 18.04.2018 whereby the Trial Court has rejected the preliminary objection raised by the Petitioner that the petition filed by the Respondent under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter called the Arbitration Act) impugning award dated 14.07.2016 was liable to be dismissed because Respondent had not deposited 75% of the awarded amount as stipulated in Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as the MSMED Act).

(2.) Respondents had issued a Tender Enquiry for procuring Cover Water Proof 9.1 M x 9.1 M. The bid of the Petitioner was accepted by the Respondents and contract dated 05.04.2005 was entered between the parties.

(3.) Dispute arose between the parties with regard to supplies. Liquidated damages were imposed by the Respondent and balance payment was also adjusted. Petitioner vide their letter dated 23.7.2010 invoked Arbitration and requested that matter may be referred to Arbitration. Respondents thereafter appointed a Sole Arbitrator to adjudicate upon the disputes