Rajasthan High Court – Jaipur
M/S Vikas Export vs M/S Shree Maruti Art And Craft … on 4 August, 2025
Author: Anand Sharma
Bench: Anand Sharma
[2025:RJ-JP:29620-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Miscellaneous Appeal No. 2476/2025
M/s Vikas Export, Plot No. 182A, Hsiidc Sector-3, Imt Manesar
Gurugram, Haryana-122050 Through Its Authorised Signatory.
----Appellant
Versus
M/s Shree Maruti Art And Craft, D-150, Ambabari, Near Durga
Mandir, Jaipur, Rajasthan-302039 Through Its Sole Proprietor Mr.
Sushil Maheshwari.
----Respondent
For Appellant : Mr. Kamlakar Sharma, Sr. Adv.
assisted by Mr. Akarsh Mathur,
Mr. Tej Pratap Singh &
Mr. Harshil Bansal
For Respondent : Mr. Mohit Khandelwal with
Mr. Aditya Gupta &
Mr. Pranav Sharma
HON’BLE THE CHIEF JUSTICE MR. K.R. SHRIRAM
HON’BLE MR. JUSTICE ANAND SHARMA
Order
04/08/2025
1. Laying challenge to order dated 17th April 2025 passed by
Commercial Court No.1, Jaipur Metropolitan-IInd, Jaipur as well as
award dated 14th March 2024, passed by the Micro and Small
Enterprises Facility Council, Jaipur, this appeal has been filed by
appellant under Section 37 of the Arbitration and Conciliation Act,
1996 (for short ‘the Act of 1996’) read with Section 13 of the
Commercial Courts Act.
2. The brief facts of the case are that earlier, against award
dated 14th March 2024 passed by the Micro and Small Enterprises
Facility Council, appellant filed objections under section 34 of the
(Downloaded on 06/08/2025 at 10:15:32 PM)
[2025:RJ-JP:29620-DB] (2 of 3) [CMA-2476/2025]
Act of 1996. However while filing such objections, appellant failed
to comply with section 19 of The Micro, Small & Medium
Enterprises Development Act, 2006 (for short ‘the MSMED Act‘)
inasmuch as mandatory pre-deposit of 75% of the award amount
was not deposited. Consequently, objections under Section 34 of
the Act of 1996 filed by the appellant were rejected by the
Commercial Court vide order dated 13th August 2024.
3. It is not disputed by learned Senior Counsel appearing for
appellant that order dated 13th August 2024 was never challenged
by appellant, either by way of an appeal or otherwise.
4. It is also a matter of record that no liberty whatsoever was
granted in order dated 13th August 2024 by the Commercial Court
permitting appellant to re-file the objections.
5. Thereafter, appellant filed fresh objections against the award
dated 14th March 2024 on 18th November 2024. Since the fresh
objections were filed after the expiry of 120 days from the date of
award, they were time barred. Accordingly, Commercial Court
dismissed the fresh objections filed by appellant on the ground of
limitation vide order dated 17th April 2025.
6. Learned Senior Counsel appearing for appellant submitted
that the award was without jurisdiction and no opportunity of
hearing was given to appellant before passing the award.
7. We find that all such objections were raised at the time of
filing first objections, which were dismissed by the Court below
vide order dated 13th August 2024. The order dated 13 th August
2024 has attained finality as it was never challenged by appellant.
8. Learned counsel for appellant has utterly failed to show any
provisions or legal right entitling the appellant to file second
(Downloaded on 06/08/2025 at 10:15:32 PM)
[2025:RJ-JP:29620-DB] (3 of 3) [CMA-2476/2025]
objections after dismissal of the first. Even otherwise, in the terms
of express provision of Section 34(3) of the Act of 1996, no
objections under Section 34 of the Act of 1996 can be filed before
the Commercial Court by the aggrieved person after expiry of 120
days from the date of the award. The provisions of Section 5 of
the Limitation Act are not applicable to objections under Section
34 of the Act of 1996.
9. At this stage, learned counsel for appellant prayed for
converting the instant appeal in a writ petition under Article 227 of
the Constitution of India.
10. We do not find any such provision for converting this appeal
and even otherwise, if appellant intended to invoke writ
jurisdiction, it could have done so at the initial stage.
11. In view of the above, we find no merit and substance in the
appeal filed by appellant. Accordingly, present appeal is dismissed
with a cost of Rs.1,00,000/- which shall be deposited by appellant
with the office of Secretary, Rajasthan State Legal Services
Authority, Jaipur within a period of one month from today.
(ANAND SHARMA),J (K.R. SHRIRAM),CJ
KAMLESH KUMAR-RAHUL/5
(Downloaded on 06/08/2025 at 10:15:33 PM)
Powered by TCPDF (www.tcpdf.org)