- (1.) Four special leave petitions, being SLPs (C) Nos. 16919-20 and 31468-69 of 2011, have been filed against the judgment and order dated 10-6-2011, passed by the Division Bench of the Madras High Court in Goodyear India Ltd. v. Norton Intech Rubbers (P) Ltd., 2011 3 LW 626filed by M/s Goodyear India Ltd. The first two special leave petitions have been filed by M/s Goodyear India Ltd., while the other two have been filed by M/s Norton Intech Rubbers (P) Ltd. The said appeal had been preferred by M/s Goodyear India Ltd. against the order passed by the learned Single Judge on 7-4-2011, in Goodyear India Ltd. v. Norton Intech Rubbers (P) Ltd.,Original Petition No. 888 of 2010, order dated 7-4-2011 (Mad) which was an application to set aside an award under the Arbitration and Conciliation Act, 1996.
(2.) The main question which had arisen before the learned Single Judge was with regard to the provisions of Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (for short "the 2006 Act"), which provides for applications for setting aside the decrees, awards or orders.
(3.) For the sake of reference, Section 19 is extracted hereinbelow: "19. Application for setting aside decree, award or order.-No application for setting aside any decree, award or other order made either by the Council itself or by any institution or centre providing alternate dispute resolution services to which a reference is made by the Council, shall be entertained by any court unless the appellant (not being a supplier) has deposited with it seventy-five per cent of the amount in terms of the decree, award or, as the case may be, the other order in the manner directed by such court: Provided that pending disposal of the application to set aside the decree, award or order, the court shall order that such percentage of the amount deposited shall be paid to the supplier, as it considers reasonable under the circumstances of the case, subject to such conditions as it deems necessary to impose.";