India Tyre And Rubber Company ... vs Eureka Conveyor Beltings Private ...
2023 Latest Caselaw 1881 Cal/2

OCD-13
                                ORDER SHEET

                                 AP/272/2023

                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE
                             (Commercial Division)

               INDIA TYRE AND RUBBER COMPANY LIMITED
                                Versus
              EUREKA CONVEYOR BELTINGS PRIVATE LIMITED


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
  Date : 4th August, 2023.

                                                                           Appearance:
                                                             Mr. Chayan Gupta, Adv.
                                                        Mr. Soumyajyoti Nandy, Adv.
                                                            Mr. Shoham Sanyal, Adv.
                                                        Mr. Deepankar Thakur, Adv.
                                                                   ...for the petitioner


      The Court:-     Learned counsel appearing for the petitioner, who has

challenged the Award passed by the Facilitation Council under the MSMED Act

of 2006, seeks to deposit the 75% as mandated under Section 19 of the

MSMED Act in instalments.

      The petitioner has challenged the Award passed by the MSMED Council;

the petitioner is a buyer.

      By an order dated 12th July, 2023, the petitioner had been directed to

deposit 75% of the awarded amount coming to Rs.8,47,819/- with the

Registrar, Original Side of this Court within two weeks from the date of the

order. The petitioner has come to the Court without any application and after
                                          2


three weeks from the date of the order asking for relaxation in reliance of a

judgment passed by the Supreme Court in Gujarat State Disaster Management

vs. M/s. Aska Equipments Ltd., reported in (2022)1 SCC 61, wherein the

Supreme Court reinforced the mandatory nature of Section 19 of the MSMED

Act but held that if a buyer is facing hardship, the Court may grant leave to

make the pre-deposit in instalments.

       Upon considering the submissions made by counsel on behalf of the

petitioner, the petitioner is allowed to make the pre-deposit in five monthly

instalments amounting to Rs.1,69,564/- payable within the 7th day of each

month.       The payments shall be made to the Registrar, Original Side of this

Court. The first of the instalments will be paid by 18th August, 2023 and the

next instalments shall be paid by the 7th day of each month.

       List this matter on 11th December, 2023.

       The advocate-on-record of the petitioner will communicate this order on

the respondents by 14th August, 2023.

(MOUSHUMI BHATTACHARYA, J.)

Bp./RBhar.