Orissa High Court M.P. Poorv Kshtetra Vidyut Vitaran vs M/S. HiTek Powercon Pvt. Ltd & .... ... on 5 August, 2025 W.P.(C) NO.9651 OF 2023 M.P. Poorv Kshtetra Vidyut Vitaran .... Petitioner Co. Ltd., Jabalpur Mr. S.K. Das,Advocate versus M/s. HiTek Powercon Pvt. Ltd & .... Opp.Parties Another Mr. S.S. Padhy, Advocate HON'BLE MR. JUSTICE DIXIT KRISHNA SHRIPAD ORDER Order No. 05.08.2025 18. Petitioner, an entity incorporated under the Companies Act, is invoking the writ jurisdiction of this Court for laying a challenge the order dated 22.12.2022, whereby learned Judge of Commercial Court, Cuttack in its ARBP No. 5 of 2017, having favoured OP No.1's application dated 21.11.2017, has directed the petitioner to deposit an additional sum of Rs.1,20,51,588.68 being the deficit of predeposit for maintaining the challenge to the arbitration award dated 30.12.2016. 2. Learned counsel for the petitioner, drawing attention of the Court to the text of operative portion of the subject award, argues that the 75% of award amount works out to Rs.36,91,111.29 which his client has already deposited; this was pursuant to order of the learned Judge of Commercial Court; that being the position the application of OP No.1 could not have been favoured; he also Page 1 of 4 placed his own interpretation of the award in question to the effect that the last sentence of the award should be construed as levying huger interest and, therefore, that part of the award amount cannot be added to the amount actually awarded for the purpose of computing 75% predeposit. So arguing, he seeks invalidation of impugned award. 3. Learned counsel appearing for OP No.1 vehemently resists the petition making submission in justification of the impugned order and the reasons on which it has been structured. He submits that the award has to be construed in common parlance as the laymen would understand and in the light of the provisions of statute under which the arbitration proceedings have been held; this approach having been adopted by the Court below, the Writ Court exercising supervisory jurisdiction should not readily interfere in the matter. 4. Having heard the learned counsel for the parties and having perused the petition papers, this Court declines indulgence in the matter with some observations, for the following reasons: 4.1. There is no dispute as to the law requiring predeposit of 75% of award amount for maintaining the challenge to the award in question. The essential bone of contention between the parties is as to what the operative portion of the award in general and the last sentence in it in particular means. For ease of reference, the operative portion is reproduced: "The O.P. i.e. M/s. Madhya Pradesh Poorv Khetra Vidyut Vitaran Co. Ltd, Jabalpur, Madhya Pradesh is hereby directed Page 2 of 4 to pay the principal amount of Rs.11,21,344.00(Rupees Eleven Lakhs twenty one thousand and Three hundred Forty four rupees) only and interest claim, of Rs.38,00,137,72 (Rupees Thirty Eight lakhs one hundred thirty seven rupees & seventy two paise) only calculated up to 31.03.2011 (statement enclosed as AnnexureIII) as per Section 15 & 16 of MSMED Act, 2006 to the petitioner. Further, compound interest with monthly rests shall be payable at the rate of 3 times of the Bank rate as notified by Reserve Bank of India from time to time till realization of dues." 4.2. The last highlighted sentence in the operative portion of the award has to be construed consistent with the provisions of Sections 15 & 16 of MSMED Act, 2006, as rightly contended by learned counsel appearing for the Opposite Parties, for the limited purpose of making predeposit. Apparently, the last sentence has the meaning interest with monthly rest has to be added to that which will accrue to what is quantified. In other words, the accrual of interest with monthly rest would be effective from the year 2011 and it will continue to accrue till actual realization. This Court hastens to add that this view is only for the limited purpose of working out the predeposit and that the deeper examination of