#Restoration application

Non-deposit of 75% award under Sec 19 MSME Act 2006 renders a Sec 34 challenge under Arbitration Act 1996 non-entertainable, Calcutta HC ruled, and without pre-deposit restoration applications are ineffective, clarifying jurisdictional bar for MSME arbitration.

This bars parties from using limitation to defeat restoration where counsel’s misconduct caused delay, affecting stakeholders in IBC.

Allahabad High Court rules that imposing 50% of maintenance arrears as a precondition for restoration applications under Section 126 CrPC is arbitrary and illegal. The Court reduced the cost to Rs. 1,00,000, reinforcing that procedural requirements must align with principles of natural justice and cannot impose undue financial burdens on litigants.