U P RAJYA KARMCHARI KALYAN NIGAM Vs. DISTRICT JUDGE
LAWS(ALL)-2013-1-173
HIGH COURT OF ALLAHABAD
Decided on January 03,2013

U P Rajya Karmchari Kalyan Nigam Appellant
VERSUS
DISTRICT JUDGE Respondents

JUDGEMENT

- (1.) The petitioner has preferred this writ petition against the order of the District Judge dated 30.7.2012 by which he has been directed to deposit the admitted amount of award i.e. Rs.7,49,598/- for the purposes of hearing of application for setting aside the award.
(2.) Heard Sri Nripendra Mishra, learned counsel for the petitioner.
(3.) It appears that the respondent No.2 made a claim against the petitioner which was referred under Section 6(2) of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertaking Act, 1993 (in short "1993 Act") to the Industry Facilitation Council for the purposes of arbitration. Pursuant to the reference an award was made on 19.10.2010 awarding Rs.7,49,598/- and interest for the period 1.1.1997 to 30.10.2000 amounting to Rs.10,50,564/- to respondent No.2. Petitioner applied for setting aside the said award before the District Judge. It is on the above application, on the objection by the respondent No.2 that the application can not be entertained unless the petitioner deposits 75% of the amount awarded, that the District Judge has passed the impugned order directing the petitioner to at least deposit the admitted amount as awarded.;


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