M/S Satabdi Monolotics ... vs M/S Ankit Metal And Power Limited
2023 Latest Caselaw 655 Cal/2

ODC-12 & 13
                              ORDER SHEET

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

                               EC/89/2022

        M/S SATABDI MONOLOTICS INDUSTRIES PRIVATE LIMITED
                                VS
                M/S ANKIT METAL AND POWER LIMITED

                                    AND

                               AP/262/2022
                            IA NO: GA/1/2022

                  ANKIT METAL AND POWER LIMITED
                                VS
               SATABDI MONOLITHIC INDUSTRIES PVT LTD

  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF

Date : 14th March, 2023 Appearance:

Mr. A. Chakraborty, Adv.

Mr. Mohit Gupta, Adv.

Mr. Ankan Rai, Adv.

Mr. Ratnesh Kr. Rai, Adv.

Mr. Sayantaan Das, Adv.

Mr. S.N. Pandey, Adv.

The Court: Heard Counsel appearing on behalf of the parties.

Counsel on behalf of the award-debtor prays for payment of the 75% pre-

deposit as required under the Micro, Small and Medium Enterprises

Development Act, 2006 (in short 'MSME Act') in instalments. He relies on the

Supreme Court judgment in Gujarat State Disaster Management Authority

versus Aska Equipments Limited reported in (2022) 1 Supreme Court Cases 61

to emphasise that even in cases relating to the MSME Act, 2006, instalments

can be granted if the Court deems it fit. He further relies on Monotosh Saha

versus Special Director, Enforcement Directorate and Another reported in (2008)

12 Supreme Court Cases 359 to buttress his argument with regard to undue

hardship and the meaning of the term 'undue hardship'. Counsel has further

submitted that in this particular case the entire arbitration proceeding is a

nullity due to the fact that the principles of natural justice has not been

followed and his client was never put to notice with regard to the ex parte

proceedings that were to proceed against him. He relies on the Delhi High

Court judgment in Mittal Pigments Pvt. Ltd. versus Gail Gas Limited reported in

2023 SCC OnLine Del 977 to buttress the above argument.

Upon consideration of the various facets that has been argued by the

parties, I am of the view that instalments can be granted. In light of the same,

the award-debtor is directed to deposit 75% of the awarded sum in three equal

monthly instalments starting from the month of April, 2023. In case of any

default, the Section 34 application shall be deemed to be not admitted.

Parties shall be at liberty to mention the matter for inclusion of the

Section 34 application in the month of July, 2023 once the entire 75% deposit

has been made by the award-debtor.

The award-debtor is directed to intimate the award-holder of payment of

each of the instalments.

GA/1/2022 is, accordingly, disposed of.

(SHEKHAR B. SARAF, J.)

R.Bhar