Case Law Details
Sepco Electric Power Construction Corporation Vs Power Mech Projects Limited (Delhi High Court)
Application under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act) is no longer a bar for enforcement of an arbitral award after amendment in Section 36 w.e.f. 23.10.2015
Conclusion: In present facts of the case, the Hon’ble High Court observed that the substitution of Section 36 of the A&C Act with effect from 23.10.2015, the pendency of an application under Section 34 of the A&C Act is no longer a bar for enforcement of an arbitral award. It was observed that it is not open for the Court to decline to hear an application under Section 34 of the A&C Act on the ground that the appellant has not complied with the conditions under Section 36(2) of the A&C Act for staying the enforcement of the arbitral award.
Facts: In present facts of the case, the appellant has filed the present intra court appeal under Section 37 the Arbitration and Conciliation Act, 1996 impugning a judgment dated 09.05.2023 passed by the learned Single Judge. By the said judgement, the learned Single Judge rejected the application filed by the appellant under Section 34 of the A&C Act. After the appellant had filed its application to set aside the impugned award, the respondent had filed an application under Section 9 of the A&C Act inter alia, praying that directions be issued to the appellant to deposit the amount awarded in terms of the impugned award.
In the application filed by the respondent under Section 9 of the A&C Act, several orders were passed in effect directing the appellant to make deposits with the Registry of this Court. The respondent’s application under Section 9 of the A&C Act was disposed of by an order dated 17.02.2020 directing the appellant to deposit the entire awarded amount. The appellant filed an appeal against the said order dated 17.02.2020 which was disposed of by an order dated 11.01.2021. The learned Single Judge had also passed separate order dated 17.02.2020 in the appellant’s application under Section 36(2) of the A&C Act staying the enforcement of the impugned award, subject to the appellant depositing the remaining awarded amount in terms of the order dated 17.02.2020.
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