Delhi High Court - Orders
Nlc India Ltd vs Driplex Water Engineering Pvt Ltd on 26 April, 2023
Author: Navin Chawla
Bench: Navin Chawla
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 153/2023
NLC INDIA LTD
..... Petitioner
Through: Mr.Pallav Shishodia, Sr. Adv.
with Mr.Anil Nag, Adv.
versus
DRIPLEX WATER ENGINEERING PVT LTD
..... Respondent
Through: Mr.Vikram Nandrajog, Adv.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 26.04.2023 I.A. 7827-28/2023 (Exemption)
1. Allowed, subject to all just exceptions. O.M.P. (COMM) 153/2023 & I.A. 7826/2023 & 7829/2023
2. Issue notice.
3. Notice is accepted by Mr.Vikram Nandrajog, learned counsel, on behalf of the respondent. He prays for and is granted a period of four weeks to file a reply. Rejoinder thereto, if any, be filed within a period of four weeks thereafter.
4. The learned counsel for the respondent submits that as the Impugned Award has been passed on a reference made by the Micro and Small Enterprises Facilitation Council (hereinafter referred to as 'MSEFC'), in terms of Section 19 of the Micro Small and Medium Enterprises Development Act 2006 (in short 'MSMED Act'), the petitioner cannot be heard unless it deposits 75% of the amount awarded by the Impugned Award.
5. On the other hand, the learned senior counsel for the petitioner submits that while the petitioner is willing to comply with the mandate Signature Not Verified of the MSMED Act, the same shall operate on all the claims awarded Digitally Signed By:SUNIL Signing Date:27.04.2023 18:11:31 except Claim No. 6C by the learned Sole Arbitrator inasmuch as the same was not passed on a reference made by the MSEFC. In support he draws my reference to the Impugned Award itself wherein, the learned Sole Arbitrator has also not awarded the statutory rate of interest on the said claim.
6. The learned senior counsel for the petitioner further submits that, in fact, the learned Sole Arbitrator has exceeded his jurisdiction in determining the disputes under Claim No. 6C as the same did not form part of the reference made by the MSEFC.
7. Keeping in view the above, it is directed that the petitioner shall deposit 75% of the awarded amount except on the amount awarded under Claim No. 6C by the Impugned Award within a period of four weeks from today. On such deposit the enforcement of the Impugned Award shall remain stayed.
8. List on 10th August, 2023.
NAVIN CHAWLA, J APRIL 26, 2023/rv Signature Not Verified Digitally Signed By:SUNIL Signing Date:27.04.2023 18:11:31