decides to grant a stay of the
award, meaning thereby the grant of stay is to be conditional. It is
further contended that the proviso ... grant of stay of the award, the Court has
the discretion to grant stay, which may be subject to such
conditions as it may deem
step in the proceeding.
The judicial authority may, if these conditions exist, grant
stay, if it is satisfied that the party applying ... step in
the proceeding.
The Judicial authority may, if these conditions exist,
grant stay, if it is satisfied that the party applying
ordinary Courts
are enjoined not to exercise jurisdiction and to stay or dismiss
actions if the subject matter is the same. This is, of course ... would submit that under the earlier statutory
arbitration regime, stay of the Suit was discretionary. This was
the position in domestic arbitrations and mandatory
Division Bench of this Court. The Division Bench granted a conditional stay upon furnishing certain security On the failure of the appellant to furnish security
Section 3 - Stay under - Grant of, resulting in rendering suit dead for all practical purposes - No ground for refusing stay - When conditions under Section ... which makes it obligatory upon the Court to stay the legal proceedings if the conditions of the Section are satisfied and what is more
stay of
operation of the arbitral award, the Court may grant stay of operation of
such award, subject to such conditions as it may deem ... with an application for stay of an award for payment of money,
consider grant of stay on such terms and conditions that it deems
subject to the court being satisfied with regard to the conditions for grant of
stay. Though an ex parte order can also be passed pending ... reasons
as to the satisfaction for fulfillment of the conditions for grant of stay.
In Pam Developments Private Ltd. (supra), it has been held that
ordinary Courts
are enjoined not to exercise jurisdiction and to stay or dismiss
actions if the subject matter is the same. This is, of course ... would submit that under the earlier statutory
arbitration regime, stay of the Suit was discretionary. This was
the position in domestic arbitrations and mandatory
consequence of applying Section 87 is
that due to the automatic-stay doctrine laid down by
judgments of this Court- which have only been reversed ... cases where there is no stay, or even in
cases where conditional stays are granted. Also, an arbitral
award-holder is deprived of the fruits
costs. At the time of admission, a conditional stay of the Award was granted
subject to the Petitioner depositing in fixed deposit