P&H: Article 227 Cannot Be Used To Bypass MSME Act Pre-Deposit.
High Court has dismissed a civil revision filed under Article 227 challenging an executing court’s order that rejected objections to the execution of an MSME-related arbitral award. Court held that after withdrawing a Section 34 petition without depositing the mandatory 75% under Section 19 of the MSMED Act, a party cannot invoke the High Court’s supervisory jurisdiction to assail the award or the execution.
The dispute arose from a award by a sole arbitrator appointed after conciliation failed before MSME Facilitation Council under Section 18 of the MSMED Act. Award creditor sought execution. The award debtor had initially filed objections under Section 34...
