Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: OMP (COMM.) 172/24 EHI International Pvt Ltd Vs. THE
REGISTRAR GENERAL, OFFICE OF REGISTRAR GENERAL,
INDIA
11.09.2024
Present: Sh. Divjot S. Bhatia, ld. Counsel for petitioner.
Sh. Ashish Sharma, ld. Counsel for respondent (VC) with
Sh. Sunil Kumar Patel, Joint Director, Contact No. 6263418140 and
Sh. Pankaj Kaushik, Assistant Director, Contact No. 9911575256.
Service upon respondent is complete.
An application under Section 36 (2) and (3) of the
Arbitration and Conciliation Act, 1996 r/w Section 151, CPC, 1908
for stay of the impugned arbitral award dated 01.06.2024 passed by
Ld. Sole Arbitrator filed on behalf of petitioner.
It is stated in the application that petitioner has a
prima
facie case in its favour and balance of convenience also lies in favour
of petitioner and against the respondent. In case, the impugned award
is not stayed, the petitioner shall suffer irreparable harm and loss.
I have considered the submissions.
As per Section 36 of the Arbitration and Conciliation
Act, 1996, as a mandate by the Act of 2015, the application for grant
of stay in the case of Arbitral award for payment of money, the
provisions of CPC 1908 are applicable. As per Order 21 Rule 5, CPC,
the applicant has to deposit security for the performance of the money
decree and the court cannot grant stay unless the security is furnished.
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Therefore, it is incumbent on the objector to furnish security for stay
of the execution of the arbitral award.
Taking into consideration on the facts & circumstances,
the impugned award is stayed till 27.11.2024, subject to the petitioner
depositing in the Court 100% of the Arbitral Amount in the form of
the FDR in the name of the Court within 4 weeks from today.
Reply be filed within two weeks with advance copy
supplied to opposite party.
Rejoinder if any be thereafter filed within two weeks
with advance copy supplied to opposite party.
Arbitral record be requisitioned on filing of PF.
Be listed for arguments on 27.11.2024.
VINEETA GOYAL
District Judge (Commercial Court-03)
PHC / New Delhi / 11.09.2024
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