Hindustan Construction Company v UOI (‘HCC Case’), which did away with automatic stays. The petitioners (infrastructure companies) approached the Court, pointing that they were being ... automatic stay also results in payments already made under the amended Section 36 to award-creditors in a situation of no-stay or conditional-stay
Election law are of no value to post-1966 cases of
conditional stay--Nature of "type design' stay orders and
their value-Legal ... usually
granted but hemmed in by conditions. The respondent himself
has filed a sheaf of orders of conditional stay granted by
this Court, suggesting
stay application,
which is the present impugned order.
12.By impugned order dated 2.9.2025, the Ld. Commercial Court,
Bhubaneswar declined unconditional stay and directed conditional ... ASGI
contends that the impugned arbitral award dated 8.11.2023 and the
conditional stay order dated 2.9.2025 suffer from fundamental
perversity inasmuch as both failed
stay on proof of certain conditions although there are
conditions prescribed for the making of the application for
stay and the period during which ... stay on proof of certain
conditions although there are conditions prescribed for the
making of the application for stay and the period during
which
withdrawal ought to be permitted - not on onerous
conditions such as bank guarantees - but on other conditions such
as corporate guarantees and the like ... arbitral award, the Court may, subject to such
conditions as it may deem fit, grant stay of the
operation of such award for reasons
records
revealed that there is prima facie case for granting conditional stay.
In the circumstances the following orders are passed:
ORDER ... records revealed that there is prima facie case for granting conditional stay. In
the circumstances the following orders are passed".
8. In our considered
BEFOR ETHE REVENUE
RECOVERY AUTHORITEIS FOR GRANTING CONDITIONAL STAY FOR THE
YEAR 1998-99.
EXT.P2(a): TRUE COPY OF THE FORWARDING LETTER ... REMITTANCE OF A SUM OF
RS.28,67,000/- TOWARDS CONDITIONAL STAY ORDER AS PER
JUDGMENT DT 20.12.2006 IN WP(C) No. 34060/2006
Managing Directors to remit the award amount (based on Conditional Stay/on receipt of attachment order passed on the EP), without again, referring such cases ... such MCOP appeal cases when the High Court has granted conditional stay or attachment order is obtained by the petitioner on filing E.P., such
award-holders
in a situation of no-stay or conditional-stay now being
reversed. In fact, refund applications have been filed in some ... monies that have been
released for payment as a result of conditional stay orders be
returned to the judgment-debtor.
57. Also, it is important
clarified
that if there was non-compliance to the above conditions, the
conditional stay order would stand vacated and
respondent/SBI would be at liberty ... scheduled on 04.02.2019. Like on the previous
occasions, Tribunal passed a conditional stay order on
01.02.2019. While declining to stay the auction scheduled
