(1.) This revision under Art. 227 of Constitution of India is filed challenging the order dated 30.06.2016 passed in E.P.No.33 of 2016 by the II Additional Chief Judge, City Civil Court, Hyderabad in F.A.O.No.34 of 2015 on the file of the High Court for the States of Punjab and Haryana at Chandigarh dated 29.01.2016 preferred against the order in A.A.No.399 of 2010 on the file of the Additional District Judge, Chandigarh dated 28.08.2014 preferred against the Award No.HMSEFC/2010/08 (case No.7) on the file of Haryana Micro and Small Enterprises Facilitation Council, Chandigarh dated 21.06.2010 and to set aside the same.
(2.) During the year 1998, the respondent herein has supplied electric conductors to the predecessor (combined state) of the petitioner herein and though the amount was paid as per invoices with some delay, the respondent without any protest has received entire amount. Later, the respondent initiated the arbitration proceedings by filing claim petition before the Haryana Micro and Small Enterprises Facilitation Council (hereinafter, for short, referred to as Council ) at Chandigarh in Case No.7 Award No.HMSEFC/2010/08, against the petitioner herein under the provisions of Interest on Delayed Payments Act, 1993 . The petitioner herein having received the notices in the said case filed its counter and contested the matter. After hearing both the parties the Council partly allowed the claim petition, passed Award dated 21.06.2010 for an amount of Rs.22,42,619.00 in respect of invoice Nos.26 to 45 appended as annexure A.W.1 to the said order and rejected rest of the claim made by the respondent herein.
(3.) Being aggrieved by the said Award dated 21.06.2010 passed by the Council, the petitioner filed Arbitration O.P.No.523 of 2010 before the Chief Judge, City Civil Court at Hyderabad under Sec. 34 of Arbitration and Conciliation Act, 1996 (hereinafter, for short, referred to as the Act ) and deposited an amount of Rs.16,81,964.00 by way of Bankers Cheque No.904081 dated 11.11.2010 drawn on the State Bank of Hyderabad, Vidyut Soudha Branch, Khairatabad, Hyderabad, obtained in the name of Chief Judge, City Civil Court, Hyderabad, towards 75% of the award amount, in view of statutory requirement under Sec. 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (for short MSMED Act 2006 ) and the same was credited to the said O.P.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN