Petitioner challenged a conditional stay granted over an arbitral award, alleging a calculation mistake in the amount deposited. The court held such differences cannot be adjudicated in the writ petition and must be decided by the appropriate court at the proper stage.
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902-wp67-2024.doc
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.67 OF 2024
ATUL GANESH KULKARNI
Digitally signed byATUL GANESH KULKARNI Date: 2024.01.04 15:59:49 +0530
Tastel Fine Food Pvt. Ltd.… Petitioner
V/s.
The State of Maharashtra,
Law & Judiciary Department & Anr.… Respondents
Mr. Rizwan Siddiquee with Shikhar Khandelwal, Mr.
Hasan Nizami, Mr. Aditya Chavan i/by Siddiquee &
Associates for the petitioner.
Mr. P.G. Sawant, AGP for the respondent No.1/State.
CORAM :AMIT BORKAR, J.
DATED :JANUARY 4, 2024
P.C.:
1.The applicant had filed an application under Section 34
challenging Award passed by the authorities under the provisions
of the Arbitration and Conciliation Act, 1996. Challenging said
Award, the applicant approached the Court under Section 2(e) of
the Arbitration and Conciliation Act, 1996. The Court under
Section 2(e) has granted stay in favour of the petitioner subject to
deposit of 75% of the amount of Award.
2.According to the petitioner, there is mistake in calculations.
The difference of calculation between the petitioner and the decree
holder cannot be adjudicated in the writ petition. It is for the
appropriate Court to consider the difference of calculations at
1
902-wp67-2024.doc
appropriate stage of proceeding. By the impugned order, Court
under Section 34 has granted conditional stay to the Award passed
by the Arbitrator, no interference is required in such order on the
ground of difference of calculation in the amount awarded.
3.There is no merit in the writ petition. The writ petition
stands dismissed. No costs.
(AMIT BORKAR, J.)
2
1 issue framed by the court
Whether the High Court should interfere with a conditional stay granted under Section 2(e) of the deposit of the award amount, given an alleged mistake in calculations?
2 provisions across 1 enactments
Tastel Fine Food Pvt. Ltd.
The State of Maharashtra, Law & Judiciary Department
Amit Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court