Applicationto set aside cannot be moved without deposit of 75% of awarded amount - If application is for obtaining stay of award u/S. 34 of Act of 1996, furnishing of security not required in view of exemption under O.27, R. 8-A.

Citation

AIR 2018 CALCUTTA 54

CALCUTTA HIGH COURT

I. P. MUKERJI , J.

GA No. 2717 of 2017, D/- 24 - 11 - 2017

Commissioner Health, Directorate of Health Services v. M/s. Nitapol Industries.

(A)Micro, Small and Medium Enterprises Development Act (27 of 2006), S.19 - Arbitration

and Conciliation Act (26 of 1996), S.34, S.36 - Civil P.C. (5 of 1908), O.27 R.8A, O.41 R.5,

O.41 R.6 - [as substituted by Amendment Act (3 of 2016)] - Setting aside of award - Application

by State Govt. - Prior deposit of 75% security under Act of 2006 - Mandatory or not - Clear

difference between setting aside application and stay application under Act of 1996 - Application

to set aside cannot be moved without deposit of 75% of awarded amount - If application is for

obtaining stay of award u/S. 34 of Act of 1996, furnishing of security not required in view of

exemption under O.27, R. 8-A. Interpretation of Statutes - Harmonious construction.

When, under S. 36 general application to set aside award is being filed, no deposit is required.