Calcutta HC: Pre-Deposit Required for Section 34 Arbitration Act Applications under Section 19 MSME Act

Board of Major Port Authority for Shyama Prasad Mookerjee Port Vs Marine Craft Engineers Private Limited (Calcutta High Court) Facts – The petitioner filed an application for stay of an arbitral award passed by the West Bengal State Micro Small Enterprises Facilitation Council. The impugned award was passed by the Council under section 18(3) of The Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act). The petitioner contended that the court can consider the application for stay of the award since the requirement under section 36(2) of the 1996 Act is only to “file” a...