Appeal allowed following the decision in Ardee Infrastructure, wherein un-amended Arbitration & Conciliation Act provisions applied to awards passed before October 23, 2015, ensuring no automatic stay on enforcement for such awards.
The impugned order is set aside.
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Signature Not Verified Digitally Signed By:AM UL YA
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However, subsequently a Division Bench of this Court in FAO 221/2016 Ardee Infrastructure vs. Anuradha Bhatia decided on 06.01.2017 held that in cases where the award has been passed prior to 23.10.2015 the un-amended provisions of the Arbitration & Conciliation Act, 1996 would continue to apply. This meant that in those cases where Section 34 petitions are filed, it would result in automatic stay of the enforcement of the awards till the disposal of the petitions under Section 34. The present appeal is entirely covered by our decision in Ardee Infrastructure (supra) in favour of the appellants. Consequently, the impugned order is set aside.
The appeal is allowed as aforesaid.
BADAR DURREZ AHMED, J
ASHUTOSH KUMAR, J
JANUARY 19, 2017
ns
Badar Durrez Ahmed
Ashutosh Kumar
As recorded by the court registry
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