w w w . L a w y e r S e r v i c e s . i n



Leo Garments, Represented by Devarajan, v/s Indel Narrow Fabrics Private Limited, Represented by S. Balasubramanian, Director, & Another


Company & Directors' Information:- INDEL CORPORATION PRIVATE LIMITED [Active] CIN = U65900MH2011PTC222836

Company & Directors' Information:- K C GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC139844

Company & Directors' Information:- D R GARMENTS (INDIA) PRIVATE LIMITED [Active] CIN = U18101GJ2005PTC046010

Company & Directors' Information:- A R S FABRICS PRIVATE LIMITED [Active] CIN = U17115TZ2005PTC011921

Company & Directors' Information:- R. R. GARMENTS LIMITED [Active] CIN = U51900MH1995PLC095544

Company & Directors' Information:- M. B. GARMENTS (INDIA) PRIVATE LIMITED [Active] CIN = U18202WB2011PTC157173

Company & Directors' Information:- S G GARMENTS LIMITED [Active] CIN = U18101WB2004PLC098193

Company & Directors' Information:- A R FABRICS PRIVATE LIMITED [Active] CIN = U17200DL2011PTC219522

Company & Directors' Information:- C K FABRICS PRIVATE LIMITED [Active] CIN = U17291TG2012PTC080223

Company & Directors' Information:- S L D R FABRICS PVT LTD [Active] CIN = U17111PB1987PTC007634

Company & Directors' Information:- D M FABRICS PRIVATE LIMITED [Active] CIN = U17220WB1996PTC081807

Company & Directors' Information:- K K P FABRICS PRIVATE LIMITED [Active] CIN = U65999TZ1988PTC002284

Company & Directors' Information:- S N FABRICS PRIVATE LIMITED [Active] CIN = U18101WB2005PTC102631

Company & Directors' Information:- M J FABRICS PVT LTD [Active] CIN = U51909WB1992PTC057145

Company & Directors' Information:- J K T FABRICS PVT LTD [Active] CIN = U17120MH1981PTC025168

Company & Directors' Information:- K K P GARMENTS PRIVATE LIMITED [Active] CIN = U65921TZ1994PTC005334

Company & Directors' Information:- S K FABRICS PVT LTD [Active] CIN = U18101PB1983PTC005690

Company & Directors' Information:- G M FABRICS PRIVATE LIMITED [Active] CIN = U17116MH1985PTC034978

Company & Directors' Information:- H M C FABRICS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1993PTC004758

Company & Directors' Information:- B K GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2001PTC109850

Company & Directors' Information:- T M FABRICS PRIVATE LIMITED [Active] CIN = U17110GJ2005PTC045387

Company & Directors' Information:- B D S FABRICS PRIVATE LIMITED [Strike Off] CIN = U18201PB1997PTC020171

Company & Directors' Information:- N K GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2000PTC107093

Company & Directors' Information:- K J N FABRICS PRIVATE LIMITED [Active] CIN = U17291UP2012PTC048868

Company & Directors' Information:- INDEL NARROW FABRICS PRIVATE LIMITED [Active] CIN = U17219TZ1981PTC001015

Company & Directors' Information:- G M FABRICS PRIVATE LIMITED [Amalgamated] CIN = U17116MH2001PTC131468

Company & Directors' Information:- J S R FABRICS PRIVATE LIMITED [Active] CIN = U17291MH2011PTC221773

Company & Directors' Information:- K. D. GARMENTS PRIVATE LIMITED [Active] CIN = U18109WB2005PTC101896

Company & Directors' Information:- K P FABRICS PVT LTD [Strike Off] CIN = U74899DL1999PTC100750

Company & Directors' Information:- C P FABRICS PRIVATE LIMITED [Strike Off] CIN = U17115PB1998PTC020891

Company & Directors' Information:- G AND A GARMENTS PVT LTD [Strike Off] CIN = U18101PB1995PTC016121

Company & Directors' Information:- G N FABRICS PRIVATE LIMITED [Active] CIN = U17116PB1997PTC019949

Company & Directors' Information:- L R FABRICS PRIVATE LIMITED [Active] CIN = U17110GJ2005PTC046905

Company & Directors' Information:- V H GARMENTS PRIVATE LIMITED [Active] CIN = U52322MH2008PTC181066

Company & Directors' Information:- S D M FABRICS PRIVATE LIMITED [Amalgamated] CIN = U18101MH2003PTC140135

Company & Directors' Information:- S V FABRICS PRIVATE LIMITED [Active] CIN = U17110TG1997PTC026734

Company & Directors' Information:- R C FABRICS PRIVATE LIMITED [Active] CIN = U74899DL1984PTC017692

Company & Directors' Information:- M S GARMENTS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC046660

Company & Directors' Information:- S G FABRICS PRIVATE LIMITED [Active] CIN = U51909DL2004PTC129675

Company & Directors' Information:- J & Y FABRICS PRIVATE LIMITED [Active] CIN = U17200MH2011PTC217416

Company & Directors' Information:- C & Y GARMENTS PRIVATE LIMITED [Active] CIN = U25209TN1988PTC016306

Company & Directors' Information:- B C L FABRICS PRIVATE LIMITED [Active] CIN = U17299DL1997PTC087457

Company & Directors' Information:- R L FABRICS LIMITED [Strike Off] CIN = U17110MH2000PLC123685

Company & Directors' Information:- S. G. R. FABRICS PRIVATE LIMITED [Strike Off] CIN = U74900UP2008PTC035168

Company & Directors' Information:- R D FABRICS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC038023

Company & Directors' Information:- S. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL1996PTC083315

Company & Directors' Information:- R K GARMENTS PRIVATE LIMITED [Active] CIN = U18100GJ1994PTC023240

Company & Directors' Information:- NARROW FABRICS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1994PTC005014

Company & Directors' Information:- P R FABRICS PRIVATE LIMITED [Active] CIN = U51909DL1996PTC082519

Company & Directors' Information:- S S FABRICS PVT LTD [Strike Off] CIN = U17117PB1989PTC009201

Company & Directors' Information:- L S FABRICS PRIVATE LIMITED [Strike Off] CIN = U51909UP1997PTC021992

Company & Directors' Information:- B M FABRICS (INDIA) PRIVATE LIMITED [Active] CIN = U17116PB1997PTC019887

Company & Directors' Information:- H S V GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC141103

Company & Directors' Information:- C B GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18109WB2011PTC161559

Company & Directors' Information:- B S FABRICS PRIVATE LIMITED [Active] CIN = U18101DL2001PTC112412

Company & Directors' Information:- Y G FABRICS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC138393

Company & Directors' Information:- G. M. GARMENTS PRIVATE LIMITED [Active] CIN = U18109DL2006PTC152683

Company & Directors' Information:- D AND D GARMENTS PRIVATE LIMITED [Active] CIN = U74899DL1975PTC007923

Company & Directors' Information:- J S GARMENTS (INDIA) PRIVATE LIMITED [Active] CIN = U74900WB2009PTC135262

Company & Directors' Information:- J. J. L FABRICS PRIVATE LIMITED [Active] CIN = U17120WB2012PTC175840

Company & Directors' Information:- K. B . GARMENTS PRIVATE LIMITED [Active] CIN = U18109WB2011PTC166954

Company & Directors' Information:- M. A. FABRICS PRIVATE LIMITED [Active] CIN = U17120MH2008PTC178099

Company & Directors' Information:- A K GARMENTS PRIVATE LIMITED [Active] CIN = U17120DL2015PTC282847

Company & Directors' Information:- D P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2004PTC129479

Company & Directors' Information:- V S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC143084

Company & Directors' Information:- P AND P GARMENTS PVT LTD [Under Process of Striking Off] CIN = U18101DL2005PTC143556

Company & Directors' Information:- V S GARMENTS PRIVATE LIMITED [Active] CIN = U18101HR2005PTC068124

Company & Directors' Information:- L. H. GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17121KA2011PTC060761

Company & Directors' Information:- K M S GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101KL2002PTC015310

Company & Directors' Information:- K R GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17111WB1998PTC087046

Company & Directors' Information:- T & A GARMENTS PVT LTD [Strike Off] CIN = U52321TN1993PTC025318

Company & Directors' Information:- K R FABRICS PRIVATE LIMITED [Strike Off] CIN = U17219TZ1999PTC008955

Company & Directors' Information:- P. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18204DL2007PTC164238

Company & Directors' Information:- L . K . FABRICS PRIVATE LIMITED [Strike Off] CIN = U17120MH1996PTC099869

Company & Directors' Information:- S. A. GARMENTS PRIVATE LIMITED [Active] CIN = U17121DL2007PTC165007

Company & Directors' Information:- R B FABRICS PRIVATE LIMITED [Strike Off] CIN = U74899DL1987PTC027620

Company & Directors' Information:- T S GARMENTS PRIVATE LIMITED [Active] CIN = U51494DL1996PTC076668

Company & Directors' Information:- G AND G FABRICS PRIVATE LTD [Active] CIN = U74899DL1987PTC028967

Company & Directors' Information:- P S FABRICS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC035780

Company & Directors' Information:- GARMENTS INDIA PVT LTD [Strike Off] CIN = U51909GJ1979PTC003310

Company & Directors' Information:- J N S FABRICS PVT LTD [Strike Off] CIN = U24131WB1988PTC044665

Company & Directors' Information:- S B M FABRICS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1995PTC005894

Company & Directors' Information:- I G S GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2004PTC128723

Company & Directors' Information:- LEO AND LEO (INDIA) PRIVATE LIMITED [Strike Off] CIN = U31900DL1985PTC022100

Company & Directors' Information:- U J L FABRICS PVT LTD [Strike Off] CIN = U93090TN1987PTC014773

Company & Directors' Information:- P V S GARMENTS PRIVATE LIMITED [Active] CIN = U18101TZ2007PTC013976

Company & Directors' Information:- M. P. GARMENTS PRIVATE LIMITED [Active] CIN = U17291DL2007PTC164129

Company & Directors' Information:- K. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2007PTC164404

Company & Directors' Information:- P V H FABRICS PRIVATE LIMITED [Active] CIN = U17120AP2008PTC057918

Company & Directors' Information:- S D FABRICS PRIVATE LIMITED [Strike Off] CIN = U17124RJ1977PTC001750

Company & Directors' Information:- G C FABRICS PRIVATE LIMITED [Strike Off] CIN = U17290PB2011PTC035780

Company & Directors' Information:- J K GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2003PTC120039

Company & Directors' Information:- B G GARMENTS PRIVATE LIMITED [Active] CIN = U74899DL2005PTC142488

Company & Directors' Information:- V B GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL1997PTC088244

Company & Directors' Information:- S S R GARMENTS PRIVATE LIMITED [Active] CIN = U74999DL1997PTC088511

Company & Directors' Information:- K B G FABRICS PRIVATE LIMITED [Strike Off] CIN = U17121DL2007PTC169982

Company & Directors' Information:- S P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2003PTC120709

Company & Directors' Information:- S H A V FABRICS PRIVATE LIMITED [Strike Off] CIN = U18101DL2004PTC126287

Company & Directors' Information:- P N GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2004PTC127524

Company & Directors' Information:- J B GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101PB1996PTC017533

Company & Directors' Information:- S R D FABRICS PRIVATE LIMITED [Strike Off] CIN = U17117PB1996PTC017662

Company & Directors' Information:- LEO GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101PB2009PTC032655

Company & Directors' Information:- K G N FABRICS PRIVATE LIMITED [Strike Off] CIN = U17124RJ1999PTC015680

Company & Directors' Information:- G 2 FABRICS PRIVATE LIMITED [Strike Off] CIN = U17100MH2005PTC157862

Company & Directors' Information:- A-2 FABRICS PRIVATE LIMITED [Active] CIN = U17115PN2006PTC022179

Company & Directors' Information:- J J FABRICS PRIVATE LIMITED [Active] CIN = U17120MH2010PTC198619

Company & Directors' Information:- J H P FABRICS PRIVATE LIMITED [Strike Off] CIN = U18100MH2005PTC156395

Company & Directors' Information:- A. D. S. GARMENTS PRIVATE LIMITED [Active] CIN = U52609DL2017PTC321217

Company & Directors' Information:- H. K. GARMENTS PRIVATE LIMITED [Active] CIN = U18109DL2007PTC159196

Company & Directors' Information:- V P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18109DL2012PTC233293

Company & Directors' Information:- S T GARMENTS PRIVATE LIMITED [Active] CIN = U18109DL2015PTC277043

Company & Directors' Information:- P L GARMENTS PRIVATE LIMITED [Active] CIN = U17120DL2013PTC248417

Company & Directors' Information:- P N FABRICS PRIVATE LIMITED [Active] CIN = U17120DL2014PTC271456

Company & Directors' Information:- K. N. FABRICS PRIVATE LIMITED [Strike Off] CIN = U17121DL2007PTC169985

Company & Directors' Information:- M. K. GARMENTS PRIVATE LIMITED [Active] CIN = U17291DL2007PTC164395

Company & Directors' Information:- U R GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2002PTC114011

Company & Directors' Information:- N J GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2002PTC117748

Company & Directors' Information:- R A GARMENTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U18101DL2003PTC123385

Company & Directors' Information:- P C GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2004PTC129478

Company & Directors' Information:- N V GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC133534

Company & Directors' Information:- G R D FABRICS PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC133556

Company & Directors' Information:- C S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC134787

Company & Directors' Information:- S P S FABRICS PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC135658

Company & Directors' Information:- L S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC136180

Company & Directors' Information:- B L GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC136912

Company & Directors' Information:- B D S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC137898

Company & Directors' Information:- T G GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC143392

Company & Directors' Information:- B K C GARMENTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U18101DL2006PTC144478

Company & Directors' Information:- R B P GARMENTS PRIVATE LIMITED. [Active] CIN = U18101DL2006PTC148881

Company & Directors' Information:- G P S GARMENTS PRIVATE LIMITED. [Active] CIN = U18101DL2006PTC149330

Company & Directors' Information:- G P GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2007PTC161067

Company & Directors' Information:- I B GARMENTS PRIVATE LIMITED [Active] CIN = U51909DL2013PTC257044

Company & Directors' Information:- A P FABRICS PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC160581

Company & Directors' Information:- G P S GARMENTS PRIVATE LIMITED. [Active] CIN = U74110DL2006PTC149330

Company & Directors' Information:- I. K. GARMENTS PRIVATE LIMITED [Active] CIN = U51109DL2008PTC180451

Company & Directors' Information:- A G GARMENTS PRIVATE LIMITED [Active] CIN = U51300DL2013PTC257609

Company & Directors' Information:- Y B GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2004PTC129581

Company & Directors' Information:- V R V GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2008PTC182256

Company & Directors' Information:- Y N GARMENTS PRIVATE LIMITED [Active] CIN = U81010DL2003PTC123182

Company & Directors' Information:- M V GARMENTS PRIVATE LIMITED [Strike Off] CIN = U74899HR2005PTC141797

Company & Directors' Information:- A AND R GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17120HR2013PTC049037

Company & Directors' Information:- L. B. FABRICS PRIVATE LIMITED [Active] CIN = U17122GJ2010PTC059299

Company & Directors' Information:- F T GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18109KL2015PTC037773

Company & Directors' Information:- J. G. FABRICS PRIVATE LIMITED [Active] CIN = U52100PB2019PTC049666

Company & Directors' Information:- G AND G GARMENTS PRIVATE LIMITED [Active] CIN = U17299MH2020PTC350276

Company & Directors' Information:- V K GARMENTS PRIVATE LTD [Strike Off] CIN = U18101DL1981PTC012410

Company & Directors' Information:- P M P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC134811

Company & Directors' Information:- A S GARMENTS PRIVATE LIMITED [Active] CIN = U17212CH1992PTC012350

Company & Directors' Information:- V R GARMENTS PVT LTD [Strike Off] CIN = U18101CH1991PTC011345

Company & Directors' Information:- K M P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18109DL2007PTC162181

Company & Directors' Information:- S B GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2005PTC141954

    C.M.A. No. 1640 of 2021

    Decided On, 20 October 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE

    For the Appellant: N.S. Suganthan, Advocate. For the Respondent 1: J. Franklin, Advocate.



Judgment Text

(Prayer: Civil Miscellaneous Appeal filed under Section 37(1) (c) of the Arbitration and Conciliation Act, 1996 against the fair and decreetal order dated 29.09.2020 made in Arbitration Original Petition No.414 of 2005 passed by the learned Principal District Court, Coimbatore confirming the Arbitral Award dated 27.02.2003 made in case No.IFC/CBER/2/2003 passed by the Statutory Arbitrator/2nd respondent.)

1. This appeal has been filed under section 37 of the Arbitration and Conciliation Act, 1996 challenging the order dated 29.09.2020 passed by the learned Principal District Judge, Coimbatore in A.O.P.No.414 of 2005 under which, the Arbitral Award dated 27.02.2003 passed in favour of the first respondent under the provisions of The Interest on Delayed Payments to Small Scale And Ancillary Industrial Undertakings Act, 1993 was confirmed.

2. The Appellant has raised several grounds challenging the Arbitral Award dated 27.02.2003 passed against them under which the Appellant was directed to pay a sum of Rs.5,96,455/- together with interest and costs to the first respondent for the non-payment of the value of the supplies made by the first respondent to the Appellant.

3. The learned Principal District Judge, Coimbatore under the impugned order dated 29.09.2020 passed in A.O.P.No.414 of 2005 under section 34 of the Arbitration and Conciliation Act has dismissed the application by giving the following reasons:

(a) The Appellant has admitted its liability to the first respondent in the conciliation proceedings initiated by the second respondent and they have only sought for waiver of interest; and

(b) The Appellant has not made the mandatory deposit of 75% of the Award amount as per section 7 of the Interest on Delayed Payments to Small Scale And Ancillary Industrial Undertakings Act, 1993.

4. Even in this appeal filed under section 37 of the Arbitration and Conciliation Act, aggrieved by the aforementioned order, the grounds raised in section 34 application have once again been reiterated by the Appellant. The Appellant has raised the following grounds:

(a) There is no arbitration agreement between the Appellant and the first respondent;

(b) The Appellant is not liable to pay the value of the supplies, since the supplies made by the first respondent was of substantiated quality;

(c) The principles of natural justice has been violated by the second respondent counsel before passing the Arbitral Award as according to them, no sufficient opportunity of hearing was granted to them by the second respondent council.

5. Only after considering the aforementioned grounds, the impugned order has been passed rejecting the Appellant's application filed under section 34 of the Arbitration and Conciliation Act by the learned Principal District Judge, Coimbatore.

6. This Court does not want to go into the merits of the matter, since admittedly, the Appellant has not deposited the mandatory deposit for filing an application under section 34 of the Arbitration and Conciliation Act.

7. Section 7 of the Interest on Delayed Payments to Small Scale And Ancillary Industrial Undertakings Act, 1993 reads as follows:

“7. Appeal. - No appeal against any decree, award or other order shall be entertained by any Court or other authority unless the appellant (not being a supplier) has deposited with it seventy-five per cent, of the award amount in terms of the decree, award or as the case may be, other order in the manner directed by such Court or, as the case may be, such authority.”

As seen from the aforementioned section, no appeal before any court can be entertained as against an arbitral award passed by the second respondent Council under the aforementioned Act, unless and until, the party aggrieved by the said award deposits 75% of the award amount.

8. In the case on hand, admittedly, the Appellant has not made the mandatory deposit for filing an application under section 34 of the Arbitration and Conciliation Act. The appeal provision of section 7 of the Interest on Delayed Payments to Small Scale And Ancillary Industrial Undertakings Act, 1993 is pari materia to the provisions of section 19 of the Micro, Small and Medium Enterprises Development Act, 2006. Section 19 of the aforementioned Act reads as follows:

“ 19. Application for setting aside decree, award or order.- No application for setting aside any decree, award or other order made either by the Council itself or by any institution or centre providing alternate dispute resolution services to which a reference is made by the Council, shall be entertained by any Court unless the appellant (not being a supplier) has deposited with it seventy-five per cent, of the amount in terms of the decree, award or, as the case may be, the other order in the manner directed by such Court:

Provided that pending disposal of the application to set aside the decree, award or order, the court shall order that such percentage of the amount deposited shall be paid to the supplier, as it considers reasonable under the circumstances of the case, subject to such conditions as it deems necessary to impose.”

As seen from the aforementioned section also, the mandatory deposit of 75% of the award amount will have to be made for filing an appeal or application aggrieved by an arbitral award passed under the provisions of the Micro, Small and Medium Enterprises Development Act, 2006.

9. The HONOURABLE Supreme Court while considering section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 in the case of M/s.Goodyear India Limited vs. Norton Intech Rubbers (P) Ltd & Another reported in CDJ 2012 SC 495 held that the mandatory deposit stipulated under section 19 of the said act cannot be waived by courts. As section 7 of the Interest on Delayed Payments to Small Scale And Ancillary Industrial Undertakings Act, 1993 is also similar to section 19 of the Micro, Small and Medium Enterprises Development Act, 2006, there cannot be any waiver of the statutory deposit of 75% for filing an application under section 34 of the Arbitration and Conciliation Act, 1996.

10. In the case on hand, admittedly, the said statutory deposit of 75% was not made by the Appellant along with the application filed under section 34 of the Arbitration and Conciliation Act, 1996. Therefore, this court is of the considered view that the dismissal of the application filed by the Appellant under section 34 of the Arbitration and Conciliation Act, 1996 by the learned Principal District Judge, Coimbatore on the ground that the Appellant has not made the statutory pre-deposit amount for filing an application under section 34 of the Arb

Please Login To View The Full Judgment!

itration and Conciliation Act, is a correct order and there is no infirmity in the same. This Court is deciding this appeal only on the ground that the Appellant has not made the statutory predeposit amount stipulated under section 7 of the Interest on Delayed Payments to Small Scale And Ancillary Industrial Undertakings Act, 1993 and is not deciding other issues raised by the Appellant on merits. 11. For the foregoing reasons, there is no merit in this appeal. Accordingly, the Arbitral Award dated 27.02.2003 passed by the second respondent in case No.IFC/CBER/2/2003 as well as the impugned order dated 29.09.2020 passed by the learned Principal District Judge, Coimbatore are hereby confirmed and this Appeal is dismissed. No costs.
O R