further proceedings pursuant to the
possession notice dated 23.06.2013. Conditional stay order dated 03.10.2013
was passed therein directing the petitioner firm
comply with orders dated December 4, 2017 vide which
conditional stay was granted directing the appellant to deposit
10% of the penalty amount, the maximum ... would be that
stay has ceased to operate as the condition for stay is not
fulfilled. However, non-compliance of the conditional order of stay
Court was
concerned with granting of stay and the very fact that it has
granted partial stay indicates that the decision rendered ... Andhra Pradesh High Court
thought fit to grant conditional stay. Therefore, observations
made by Andhra Pradesh High Court in W.P. Nos. 2456 and
others
running is prima facie incorrect. An order of
deposit as a conditional stay is to provide security to the judgment
creditor. It is only when ... decretal
debt or the amount of the award but were pre-conditions to stay of
execution; there was no such issue in Ranjit Singh Rana
Counsel for the Respondent by treating the
pendency of Appeal as automatic stay then the new legislation i.e., the
Arbitration & Conciliation ... stay on pendency of the Appeal and stay
even if granted in execution of civil suits' decrees is more often than not a
conditional
Section 98-A certificate
was challenged. The High Court granted conditional stay in
favour of debtor petitioners by directing them to deposit amount
further proceedings pursuant to the
possession notice dated 23.06.2013. Conditional stay order dated 03.10.2013
was passed therein directing the petitioner firm
stay granted by the High
Court and had ultimately granted the conditional stay. Learned
Counsel submitted that ordinarily in all such matters,
conditional stay ... eventuality, the impugned order granting
blanket stay has to be set aside and to be substituted with
conditional order.
10. Shri V.D.Salunke, learned
Section 98-A certificate
was challenged. The High Court granted conditional stay in
favour of debtor petitioners by directing them to deposit amount
Madras
High Court was only dealing with a stay matter and that too for the
dispensation of pre-deposit. The Hon'ble High Court ... dismissing the appeals for non-
compliance of the conditional stay order is set aside and the appeals are restored to the
file of the Tribunal
