VidhiSangh

Supreme Court of India · 08/10/2021

GUJARAT STATE DISASTER MANAGEMENT AUTHORITY versus M/S ASKA EQUIPMENTS LIMITED

[2021] 8 S.C.R. 720 · 2021 INSC 641

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Summary

The Court held that the seventy-five per cent pre-deposit under Section 19 of the MSMED Act was mandatory before entertaining the non-supplier’s award challenge. A court could permit instalments on demonstrated undue hardship, but could not waive or reduce the statutory percentage. Exceptionally, because the challenge had already been heard under the Supreme Court’s earlier interim arrangement after a Rs 2.5 crore deposit, that arrangement continued until final disposal and was expressly denied precedential effect.

Issues

  1. Whether the court could waive or reduce Section 19’s seventy-five per cent pre-deposit for an award challenge.
  2. Whether instalments or continuation of the existing interim arrangement were permissible.

Provisions considered

Held

Result

Appeal disposed of with the legal question answered against the appellant. Existing interim deposit arrangement continued until final disposal of the award challenge, expressly not as a precedent.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 720.