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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
Gagan Ace Developers – Appellant
Versus
Choice – Respondent
| Table of Content |
|---|
| 1. background facts of land development and arbitral award. (Para 1 , 2 , 3) |
| 2. court observes construction concession and contract intent issues. (Para 4 , 10 , 12) |
| 3. petitioners contend no breach and no loss proof. (Para 5 , 6 , 7 , 11) |
| 4. respondents urge conditional deposit for money award stay. (Para 8 , 9) |
| 5. contract intent ascertained from express terms only. (Para 13 , 14 , 15 , 16 , 17) |
| 6. sec.36 stay subject to conditions like cpc. (Para 18) |
| 7. 'due regard' to cpc is guiding, not mandatory. (Para 19 , 20) |
| 8. unconditional stay only for exceptional perverse awards. (Para 21 , 22) |
| 9. ulc waiver breach; award not perverse prima facie. (Para 23 , 24 , 25) |
| 10. damages via reckoner rates not patent illegality. (Para 26 , 27 , 28) |
| 11. no exceptional case; writ petition dismissed. (Para 29 , 30) |
JUDGMENT :
N.J.JAMADAR, J.
1. Rule. Rule made returnable forthwith, and, with the consent of the learned Counsel for the parties, heard finally.
2. By this Petition under Article 227 of the Constitution of India, the Petitioners take exception to an order dated 25 September 2025 passed by the learned District Judge, Pune, whereby the application for stay to the execution and operation
Unconditional stay of monetary arbitral awards under Section 36 requires exceptional case of prima facie perversity or illegality; otherwise, deposit of full award amount appropriate, guided by Code ....
An unconditional stay of an arbitral award is impermissible unless specific statutory conditions under Section 36(3) of the Arbitration Act are fulfilled.
Scope to stay execution proceeding by Executing Court is limited – It is only an interim arrangement enabling the party to obtain stay order from appropriate Court, including Appellate Court.
The court ruled that a full deposit of the arbitral award amount is mandatory before granting a stay under Section 36 of the Arbitration and Conciliation Act, 1996.
The main legal point established in the judgment is the discretion of the court to direct the petitioner to furnish security on the full arbitral award and the impact of the Arbitration and Conciliat....
The court upheld the arbitral award directing possession and damages, affirming the applicability of limitation provisions to arbitration proceedings.
The court affirmed its jurisdiction to review its orders while highlighting that a mere filing of a review petition does not grant a stay on award enforcement unless complying with statutory requirem....
The court upheld the Arbitrator's award on property transactions, emphasizing the necessity of permissions under applicable land laws while affirming that a plausible ruling can stand even with insuf....
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