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Hindustan Antibiotics Ltd. Thr. Its ... vs Dsm Sinochem Pharmaceuticals India ... on 31 July, 2019
cites
Section 34 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 36 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 37 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Code of Civil Procedure, 1908
Delta Construction Systems Ltd., ... vs Narmada Cement Company Ltd., Mumbai on 14 August, 2001
I am in respectful agreement with the views taken by the learned
Single Judge of this Court in Delta Construction Systems Ltd.,
Hyderabad Vs. Narmada Cement Company Ltd., Mumbai (supra) as
also the learned Single Judge of Delhi High Court in SMJ-RK-SD (JV) Vs.
National Highways Authority of India (supra).
M/S. Smj-Rk-Sd(Jv) vs National Highways Authority Of India on 13 January, 2010
I am in respectful agreement with the views taken by the learned
Single Judge of this Court in Delta Construction Systems Ltd.,
Hyderabad Vs. Narmada Cement Company Ltd., Mumbai (supra) as
also the learned Single Judge of Delhi High Court in SMJ-RK-SD (JV) Vs.
National Highways Authority of India (supra).
The Board Of Trustees For The Port Of ... vs Abg Kolkata Container Terminal Private ... on 16 April, 2019
In the above circumstances, the contention as urged by Mr.Ray
Chaudhary, learned Senior counsel for HAL that DSM ought to be directed
to deposit the amount more particularly referring to the orders passed by
the learned Single Judge of Calcutta High Court in The Board of Trustees
for the Port of Kolkata Vs. ABG Kolkata Container Terminal Private
Limited (supra) as also learned Single Judge of Delhi High Court in SAIL
Vs. M/s. Tata Projects Ltd. & Anr. cannot be accepted. In both these
cases the Court was concerned with an application under Section 36(2)
where the party in proceedings under Section 34 sought interim stay to
the execution of the award pending the decision of the 34 proceedings.
This is certainly not a situation in the present case. There is no ambiguity
whatsoever to the legal position, namely that in case there is no stay to the
award, there is no legal impediment of any nature for the award creditor
to proceed to execute an award.