Kerala High Court
Aegis Communications Private ... vs Institute Of Scientific Research ... on 30 March, 2023
OP(C) NO. 595 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
OP(C) NO. 595 OF 2023
AGAINST THE ORDER/JUDGMENT IN OPARB 23/2022 OF DISTRICT COURT
& SESSIONS COURT,TRIVANDRUM
PETITIONER/S:
M/S. AEGIS COMMUNICATIONS PRIVATE LIMITED
3RD FLOOR, CHANDRIKA BUILDINGS, M.G. ROAD,
ERNAKULAM - 682011. REPRESENTED BY ITS MANAGING
DIRECTOR, R. MADHAVAN MENON, AGED 65 YEARS, S/O.
LATE C.M. RAMACHANDRA MENON, PIN - 682011
BY ADV KODOTH SREEDHARAN
RESPONDENT/S:
M/S.INSTITUTE OF SCIENTIFIC RESEARCH AND TRAINING
(REG.NO. 3237/2016), DOOR NO.23/993, SERIN TOWERS,
PATHADIPPALAM, SOUTH KALAMASSERY, COCHIN, KERALA.
REPRESENTED BY ITS MANAGING PARTNER, BOBBAN JOSEPH,
AGED 64 YEARS, S/O LATE M.C. JOSEPH, R/AT MALIYEKAL
HOUSE, CHUNAGAMVELI, ALUVA, ERNAKULAM, PIN - 683104
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 595 OF 2023
2
JUDGMENT
The original petition is filed to direct the
Commercial Court, Thiruvananthapuram to consider and
dispose of IA No.1/2023 (Ext.P3) in OP(Arb) No.23/2022
expeditiously.
2. The petitioner's case is that in view of the law laid
down by the Honourable Supreme Court in Thirupathi
Steels vs. Shubh Industrial Component and Ors.
[AIR 2022 SC 1939] any proceeding, challenging an
award passed under the Micro, Small and Medium
Enterprises Development Act, 2006 (in short, MSMED
Act) can be entertained only if a pre-deposit of 75% of
the award amount is made, if not, the same cannot be
entertained. However, the respondent has filed OP(Arb.)
No.23/2022 challenging Ext.P1 award without making
the statutory deposit. Therefore, OP(Arb) No.23/2022
cannot be entertained. In the said circumstances, the
petitioners filed Ext.P3 application for considering the
OP(C) NO. 595 OF 2023
maintainability of the original petition as a preliminary
issue. However, the court below is not considering the
application. Hence, the original petition.
3. Heard; Sri.Kodoth Sreedharan, the learned
counsel appearing for the petitioner.
4. On an analysis of the pleadings and materials on
record and taking note of the fact that Ext.P1 award was
passed under Section 17 and 18 of the MSMED Act and
the Rules framed thereunder and the law laid down by
the Honourable Supreme Court in Thirupathi Steels
(supra), I am of the view that the court below has to be
directed to consider and dispose of Ext.P3 application, in
accordance with law and as expeditiously as possible
before proceeding with OP(Arb) No.23/2022.
Resultantly, in exercise of the supervisory powers of
this Court under Article 227 of the Constitution of India, I
direct the Commercial Court, Thiruvananthapuram to
consider and dispose of IA No.1/2023 in OP(ARb.)
No.23/2022 in accordance with law, as expeditiously as
OP(C) NO. 595 OF 2023
possible, at any rate within a period of one month after
excluding the vacation period.
Sd/-
C.S.DIAS
JUDGE
rkc/30.03.23
OP(C) NO. 595 OF 2023
APPENDIX OF OP(C) 595/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE AWARD IN OA NO.18/2020
OF MICRO AND SMALL ENTERPRISES
FACILITATION COUNCIL, KERALA,
THIRUVANANTHAPURAM DATED 22/4/2022
Exhibit P2 TRUE COPY OF THE APPLICATION MADE BY THE
RESPONDENT BEFORE THE COMMERCIAL COURT,
THIRUVANANTHAPURAM DATED 17/12/2022 FILED
UNDER SECTION 34 OF THE ARBITRATION AND
CONCILIATION ACT 1996
Exhibit P3 TRUE COPY OF THE I.A. NO.1/2023 IN OP
(ARB.) NO. 23/2022 FILED BY THE
PETITIONER BEFORE THE HON'BLE COMMERCIAL
COURT , THIRUVANANTHAPURAM DATED
17/1/2023
Exhibit P4 TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL
NO.2941/2022 DATED 19/4/2022
