Pam Developments Private Ltd vs The State Of West Bengal on 12 July, 2019
Reliance can
be placed upon Pam Developments and Private
Limited Vs. State of West Bengal, 2019(3) RCR (Civil)
603 and BCCI Vs. Kochi Cricket Pvt. Ltd., (2018) 6
SCC 287, where the contentions with regard to automatic
stay was deprecated by the Court and it was held that in
view of Section 36 of the Act, mere filing of an application
under Section 34 of the Act, shall not stay enforceability
of the award unless the Court grant a stay of operation of
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the arbitration award in accordance with the provision of
sub Sections 2 and 3 of Section 36 of the Act. No stay
has been granted by the Court at Bathinda in the
objection petition under Section 34 of the Arbitration and
Conciliation Act. Petitioners have deposited the awarded
amount as per the award by the Arbitrator at Faridkot. It
is only the enhanced amount for which this method has
been adopted by the petitioners under the garb of
Section 42 of the Act. The respondents are losing huge
amount per day towards interest. The amount has been
partly deposited by the petitioners in the executing Court.
Petitioners are not going to lose anything if the amount is
released to the claimants. Para No.1 of the award itself
shows that Government of India had appointed the
Commissioner, Faridkot, Division Faridkot as Arbitrator
under Section 3G(5) and (6) of the National Highways
Act, 1956 vide letter dated 16.07.2015 for Bathinda
District, Punjab, thereby creating seat of the Arbitrator at
Faridkot.