01 September 2021, Wednesday

3 years ago

An award under MSMED Act includes interest: Calcutta High Court

01 September 2021 | Bharat Heavy Electricals Limited Electric Division v. Optimal Power Synergy India Pvt. Ltd. | AP 175 of 2020 | Moushumi Bhattacharya J | High Court of Calcutta | 2021 SCC OnLine Cal 2386

To apply for setting aside an award under Section 19 of the MSMED Act, 2006, the “appellant” (not being a supplier) must deposit seventy per cent of the amount awarded. Does the award include only the principal sum or the interest too?

The High Courtruled that it includes interest and therefore directed a deposit of seventy-five per cent after considering both sums for a stay under Section 36 (3) ACA.

Read the decision here.

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