Section 9 of the
Arbitration Act are entertained after grant of conditional stay to the Award
by Court under Section 34 of the Arbitration ... question of maintaining Section 9
Petition after grant of conditional stay by Section 34 Court does not arise.
In my view therefore, once Section
some of the appeals filed
by the State of Maharashtra granting conditional stay of deposit but not
complied with by the State of Maharashtra ... cases, though the
learned Single Judge of this Court had granted conditional stay in favour of
the State of Maharashtra on the condition
filing of appeal, if
no stay is granted or
after the disposal of
stay petition in
accordance with the
conditions of stay ... issued by the no stay is granted or
Commissioner. after the disposal of
stay petition in
accordance with the
conditions of stay, if
any, whichever
CBDT instructions dated 29.02.2016 and 31.07.2017 on the basis of
which conditional stay was granted subject to payment of 20% of the
demand ... mechanically followed the
instructions of the CBDT and ordered only conditional stay subject to
payment of 20% of the demand which itself is a very
2019 03:59:27 :::
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6
WP1573.13
conditional stay of the execution of the award dated 29 th March,2012
passed
FEMA) and also a stay application. The Appellant had
before the hearing of the said Stay Application, had filed an affidavit inter alia
setting ... Resolutions of S.A. Ltd. The Respondent No.2 granted a conditional
stay to the Appellant vide order dated 22-8-2008, on the Appellant
followed by the DRAT. It washed its hands by granting
blanket stay order staying the auction sale and
thereby stalled the recovery of the bank ... carries with it power to put or impose conditions. In
other words power to grant conditional stay is
implicit, which by no means
themselves, but taken together persuade us to grant the
stay on certain conditions. Firstly, the petitioner has made out a
3/20
::: Downloaded ... other practical, which persuade
us to grant the stay albeit on certain conditions.
12. Firstly, the petitioner's case is supported by an order
Assessing Officer by order dated 23 July 2013
granted a conditional stay of the demand on the respondent No.2-
assessee paying the entire demand ... stay. Therefore, the impugned order could not have granted any
stay as there was nothing to be stayed. However, the grant of refund
vires of section 98-A and this Court had granted conditional stay inasmuch as the petitioner was directed to pay an amount
