The High Court held that interference under Article 227 was not warranted regarding the legality of a stay order on an arbitral award. However, the Court granted an extension of time for the petitioner to deposit the security amount as requested.
Time granted till 29.02.2024 to deposit Rs. 1,00,00,000- in lieu of stay on the arbitral award.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2255 OF 2023
Union of India
.Petitioner
Vs.
M/s. Bhate Builders .Respondent
Ms. Anamika Malhotra, Senior Counsel on the Panel of Union of India
CORAM : MADHAV J. JAMDAR, J. DATE : 28.11.2023
P. C.
786 of 2015. The said Application (Exh. 25) has been fled for stay of the operation of the Arbitral Award dated 01.07.2015. The said stay has been granted on the condition that the Petitioner shall deposit a sum of Rs. 1,00,00,000/- (Rupees One Crore only) within two months in the Court. Learned Judge has taken into consideration that the amount of Award under challenge is Rs.
45,62,372/- and the date of Award is 01.07.2015. Accordingly, learned Judge has granted stay on deposit of Rs. 1,00,00,000/(Rupees One Crore only) within two months. No illegality is
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pointed out by the learned counsel appearing for the Petitioner in the impugned order. Therefore, interference under Article 227 of the Constitution of India is not warranted.
above.
(MADHAV J. JAMDAR, J.)
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1 issue framed by the court
Whether the High Court should interfere in the Additional Sessions Judge's order granting a stay on an arbitral award subject to security deposit.
Union of India
M/s. Bhate Builders
Madhav J. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
