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1 - 6 of 6 (0.20 seconds)Section 34 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Code of Civil Procedure, 1908
Kanpur Jal Sansthan vs M/S Bapu Constructions on 3 January, 2014
The said decision of the Supreme Court in the case of Kanpur Jal Sansthan (Supra) delivered on
January 03, 2014 was on the basis of unamended provisions of Section 36 of the Act of 1996 when with the
filing of the application under Section 34 of the Act, the operation of the impugned arbitral award was
deemed to have been stayed. Therefore, in the said case, when the appellant award debtor preferred an
appeal the decision of the learned District Judge, Kanpur rejecting its application under Section 34 of the
Act for setting aside of the money award the applicability of the provisions of sub-rule (5) of Rule 1 of
Order XLI arose for the first time before the appellate Court. But with the insertion of sub-sections (2) and
(3) to Section 36 of the Act of 1996 with effect from October 25, 1996 as discussed above, the provisions of
sub-rules (3) and (5) of Rule 1 of Order XLI of the Code are required to be complied with by the petitioner
in the present case for obtaining stay of operation of the money awards passed against it by the learned
Arbitrator during pendency of the respective applications filed under Section 34 of the Act.
The Amending Act, 1897
Section 9 in The Arbitration And Conciliation Act, 1996 [Entire Act]
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