ORISSA COAL CHEM PVT. LTD Vs. NALCO

JUDGEMENT

(1.) Mr. Mohapatra, learned advocate appears on behalf of appellant, who was supplier. He submits, there was award made in arbitration caused by operation of provisions in Micro, Small and Medium Enterprises Development Act, 2006. He draws attention to sec. 19 to submit, the petition for setting aside the award dtd. 29/9/2016, made to the Court below, did not accompany mandated fixed deposit of 75% in respect of awarded amount. Hence, in the eye of law there was no petition for setting aside the award in the extended period allowed. It is irrelevant that the deposit was subsequently made on 19/5/2017. In the circumstances, the petition was not there on the expiry of time prescribed for presenting it under sub-sec. (3) in sec. 34, Arbitration and Conciliation Act, 1996.

(2.) He proceeds to demonstrate finding in the award that Rs.23,74,931.00 was admittedly not paid by respondent on supplies had from his client. Relied upon passage from the award is extracted and reproduced below.

(3.) Ms. Rath, learned advocate appears on behalf of respondent. She submits, sec. 19 in the 2006 Act allows the Court, in which, inter alia, challenge to the award is filed, to direct manner, in which the pre-deposit is to be made. That delinks the requirement of pre-deposit from presentation of the petition. She submits, the challenge petition was presented within the time prescribed.