M.R.SHAH, J. - (1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 26.09.2019 passed by the High Court of Uttarakhand at Nainital in Writ Petition (MS) No. 2708/2019, by which the High Court has dismissed the said writ petition and has confirmed the order passed by the learned Additional District Judge (Commercial), Dehradun in Miscellaneous Application No. 150 of 2018, whereby the appellant herein was directed to deposit 75% of the awarded amount in terms of Section 19 of Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as the 'MSME Act, 2006'), the appellant herein ­ original appellant/applicant has preferred the present appeal.
(2.) That the parties are governed by the provisions of the MSME Act, 2006. A dispute arose between the parties regarding payment of goods which was taken by the appellant. The proceedings under Section 18 of the MSME Act, 2006 commenced. The Facilitation Council passed an award dated 10.11.2017 in favour of the respondent herein and directed the appellant to pay a sum of Rs. 105,053,387/- (Rs. Ten crores Fifty Lakhs Fifty Three Thousand Three Hundred and Eighty Seven only).
(3.) Feeling aggrieved by the said award, the appellant preferred an application before the learned Additional District Judge (Commercial), Dehradun under Section 34 of the Arbitration & Conciliation Act, 1996 read with Section 19 of the MSME Act, 2006. As per Section 19 of the MSME Act, 2006, the appellant was required to deposit 75% of the amount awarded by the arbitrator. Several opportunities were given to the appellant to deposit 75% of the awarded amount. An application for waiver of pre-deposit was preferred which came to be dismissed. That thereafter vide order dated 22.08.2019, the learned Additional District Judge (Commercial), Dehradun granted a month's time, as a last opportunity, to the appellant to deposit the said amount.;