P&H: Article 227 Cannot Be Used To Bypass MSME Act Pre-Deposit.

punjab-haryana
⚖️ Order Date: 15 May 2026
Headnotes
Arbitration and Conciliation Act, 1996, S.34, Micro, Small and Medium Enterprises Development Act, 2006  Act, 2006, S.19  - Arbitral award - Execution - Withdrawal of objections u/s 34 of A & C Act without complying with mandatory 75% pre-deposit u/s 19 of MSMED Act - Recourse to Art.227 to assail award and execution is not entertainable - Invocation of Art. 227 in such circumstances amounts to approbate and reprobate and is an abuse of process - High Court will

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Facts of the Case
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

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