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2005 Supreme(SC) 360

RUMA PAL, C.K.THAKKER
CHAIRMAN, TELE. , BHARAT SANCHAR NIGAM LTD. – Appellant
Versus
SINCLAIR INFRA TECH LTD. – Respondent


ORDER

1. As the respondents are present on caveat formal issuance of service of notice is dispensed with. Having considered the facts of the case, we are of the view that there was an arguable question of law which appears to have been overlooked by the High Court, namely, whether reciprocal obligations under an award can be enforced unilaterally. We accordingly stay the execution of the award. The High Court is requested to dispose of both the main appeal from the order rejecting application for setting aside an award as well as civil revision petition pertaining to the execution proceedings as expeditiously as is conveniently possible, preferably within three months. The interim order granted by us will continue until the disposal of the revisional application. This order, however, will not prevent the respondent from seeking execution of the decree in terms of the award.

2. The SLPs are disposed of.

Court Masters

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