Msme act - arbitration _ pre-deposit of 75% of awarded amount
Chaudhry D
(Querist) 22 September 2014
This query is : Resolved
Sir ,
75% of pre-deposit of awarded amount with interest has been held by Hon.Supreme Court as a must in order to entertain an appeal. The question arises - interest till which date should the party deposit, as parties are resorting to delayed/ abnormal delay in depositing the amount of interest -and that too - calculation is made till the date of filing the appeal - taking as long as 2 years to deposit the 75% amount calculated till date of filing appeal and this is being allowed by Guwahati High Court .
It is my contention that in all fairness - the Appeal should firstly not be admitted at all , and Secondly if at all Court allows deposit at a later stage, interest should be calculated till the date of deposit -(2012) 6 Supreme Court Cases 345 "Goodyear India Limited v/s Norton Intech Rubbers (P) Ltd "
In Goodyear v/s Nortan Rubber (2012) 6 Supreme Court Cases 345 - Hon.Supreme Court allowed the Plaintiff to deposit money in the Supreme Court and there-after remanded the case for hearing to the Madras High Court.
The Madras High Court , as per judgement available in Internet dated 21.3.2013 2013(5) CTC 25 has held that the Appeal is time barred - in view of the non deposit of 75% which is mandatory and has dismissed the Appeal.
My question - has the Judgement of Madras High Court become final or the parties have again challenged the matter before Supreme Court and is pre-judice ??
Can the matter of 75% pre-deposit before an appeal is filed be taken as good law having been settled - without which all appeals filed by agitating party will /should be dismissed?
In my case before Aizawl Bench of Guwahati High Court , the Project Pushpak , has not deposited the 75% amount calculated till ??date of filing of appeal ?? or date of payment and has been taking time whenever the matter comes for hearing and Hon.Court has been allowing it - thereby delaying the finality of judgement. Can anybody suggest further course of action ??
Thank you for prompt reply in advance.
ROHIT SHARMA
(Expert) 22 September 2014
Dear Mr, Chaudhry D,
1. The matter was ordered by the S.C. to be remanded to Madras H.C. conditionally that the appellant deposit the said declared sum of money with the S.C.
2. The appellant has not deposited the amount with the S.C. and when such order was placed by the concerned party before the Madras H.C. the fact that money was not deposited the Madras H.C. was competent to dismiss the remanded appeal as time barred.
3. The Judgement of Madras High Court has become final and though the parties have again challenged the matter before Supreme Court their second appeal will not survive as on the basis that such appeal was earlier already disposed of.
4. You can now file E.P. before the Madras H.C. of the order of the arbitrator.
Chaudhry D
(Querist) 23 September 2014
Clarification is required - the date till which interest is to be calculated ?? Can the Appeal be admitted without deposit when appeal filed within 90 days and inspite of Courts order - money yet to be deposited ?? Your answer does not cover my Question !
D Chaudhry
Saurendra Rautray
(Expert) 18 October 2014
Dear Mr chaudhry.
Please kindly provide us the following details which would enable us in giving you opinion.
1. The date of passing of the award
2. Date of filing of Section 34 Application and where filed.
3.If any order has been passed by such court and if yes what was the order.
4. When did the Opp-party file Section 37 (appeal) before the Hon'ble High Court Guwahati and against what order.
These datas are necessary.
Saurendra Rautray
Rautray& Co
HEAD OFFICE :Delhi : B3/18,Vasant-Vihar, New Delhi - 110 057
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