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Alkem Laboratories Ltd vs Issar Pharmaceuticals Pvt. Limited on 5 February, 2024

25. Mr. Jagtiani has referred to the decision of the learned Single Judge of this Court in Kishor Shah & Ors. Vs. Urban Infrastructure Trustees Ltd. & Ors. 3, wherein this Court has held in the facts of that case that this is hardly the kind of exceptional, unique and compelling case required for an unconditional stay of a money award or decree. There can be no unconditional stay. To meet that standard, the impugned award or decree must be shown without any great convolutions to be facially perverse and untenable. It is not enough to show that this or that finding presents discomfort to the losing party.
Bombay High Court Cites 12 - Cited by 0 - R I Chagla - Full Document

Cpf India Pvt. Ltd. Thro Its Section ... vs Yunus Ahmad Mulani on 13 October, 2025

11. Mr. Pimple would urge it is not obligatory for the Court exercising power under Section 36 of the Act, 1996 to impose conditions to stay the execution and operation of the Award. In a given case, if it could be demonstrated that the Award is unsustainable and vulnerable to challenge, the Court is empowered to grant an unconditional stay to the execution and operation of the Award. Reliance was placed on a judgment of this Court in the case of Kishor Shah and Ors Vs Urban Infrastructures Trustees Ltd & Ors.2 1 (1991) 1 SCC 533.
Bombay High Court Cites 7 - Cited by 0 - N J Jamadar - Full Document
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