[ad_1]
Telangana High Court
M/S Kendriya Bhandar vs Atlantis Agritech Private Limited. on 11 June, 2025
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
AND
THE HON'BLE JUSTICE B.R.MADHUSUDHAN RAO
CIVIL REVISION PETITION NO.1591 OF 2025
Mr. Avinash Desai, learned Senior Counsel representing Mr. M. Pranav, learned
counsel appearing for the petitioner.
Mr. A. Venkatesh, learned Senior Counsel appearing for the respondent No.1.
ORDER:
(Per Hon’ble Justice Moushumi Bhattacharya)
1. This Court had passed an ex parte order on the petition
filed by the petitioner/Award-debtor against the docket order
dated 01.04.2025 by which the Commercial Court had returned
the petitioner’s application filed under section 34 of The
Arbitration and Conciliation Act, 1996 (‘1996 Act’) for
non-compliance of section 19 of the Micro, Small and Medium
Enterprises Development Act, 2006 (‘2006 Act’).
2. The Court had granted limited stay of execution of the
Award till the respondents are served with a copy of the present
Civil Revision Petition (CRP) and an opportunity to argue their
case.
3. Learned Senior Counsel appearing for the respondent
No.1/Award-holder urges that the Court could not have passed
any interim protection in favour of the petitioner/Award-debtor
when there has been an admitted non-compliance of the
statutory mandate under section 19 of the 2006 Act. Senior
Counsel submits that although the Award was made on
10.06.2024 and the section 34 was filed on 11.11.2024, the
Award-holder has been deprived of the fruits of the Award.
4. We have also heard learned Senior Counsel appearing for
the Award-debtor who has placed the relevant facts in
justification of the Award-debtor’s conduct preceding the present
CRP. Although we are alive to the strict statutory mandate of the
Award-debtor to put in 75% of the awarded amount along with
the filing of a challenge to the Award under section 19 of the
2006 Act, we cannot ignore the fact that the Award-debtor has
lived with the order passed by us on 02.05.2025 for almost 6
weeks. We therefore deem it fit to direct the Commercial Court
to number the section 34 petition filed by the
Award-debtor/petitioner herein to file an application for
compliance of section 19 of the 2006 Act by 16.06.2025.
5. The Commercial Court will consider the application for
compliance in terms of the objective of the 2006 Act along with
any other prayer made by the parties and will decide the same as
early as possible upon notice to the Award-holder.
6. We record the submission made by learned Senior Counsel
appearing for the Award-holder that the Award-holder will not
take any steps in C.P.No.29 of 2024 till 17.06.2025.
7. Since nothing further remains to be decided,
C.R.P.No.1591 of 2025, along with all connected applications, is
accordingly disposed of.
Interim orders, if any, shall stand vacated. There shall be
no order as to costs.
_________________________________
MOUSHUMI BHATTACHARYA, J
_____________________________
B.R.MADHUSUDHAN RAO, J
Date: 11.06.2025
Note: Furnish C.C. today.
(B/o)
NDS/SUS
[ad_2]
Source link