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IN THE HIGH COURT OF JUDICATURE AT PATNA
S.B.PD.SINGH
Bihar State Road Development Corporation Ltd through its Managing Director (Govt. of Bihar Undertaking) RCD MECHANICAL – Appellant
Versus
BSC-C and C (JV) having their offices through its Vice President and Authorized Signatory, Sri Ashok Kumar, Son of A. P. Sharma – Respondent
JUDGMENT :
S.B. PD. SINGH, J.
1. Heard Mr. P.K Shahi, learned Advocate General for the petitioner and Mr. Jitendra Singh, learned senior advocate for the respondent.
2. The present Civil Miscellaneous Petition has been filled against the order dated 03.09.2025 passed by learned Principal District Judge, Patna in Execution Case No. 144 of 2022 (arising out of Old Execution Case No. 406 of 2018), whereby, the petitioner, a government undertaking was directed to deposit the entire awarded amount along with interest. By the impugned order, the order of attachment of the property and machinery belonging to the award debtor/petitioner was directed to be issued.
3. In the present petition, the petitioner has sought for the following reliefs:-
(i) Set aside the impugned order dated 03.09.2025 passed by the learned Principal District Judge, Patna in Execution Case No. 144 of 2022;
(ii) Stay the operation of the impugned order and all consequential proceedings in Execution Case No. 144 of 2022 during the pendency of the present petition;
(iii) For any other relief or reliefs for which the petitioner is entitled under law and in the facts and circumstances of the present case.
Court emphasizes equity in execution of arbitral awards under challenge, mandating expedited resolution of related petitions while staying execution proceedings.
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.
An unconditional stay of an arbitral award is impermissible unless specific statutory conditions under Section 36(3) of the Arbitration Act are fulfilled.
The court upheld that a stay of an arbitral award requires a reasonable security deposit, and statutory bars apply to revision applications against interlocutory orders in commercial matters.
Point of Law : Since the award was a money decree there should be 100% deposit with respondent being entitled to withdraw amount deposited and furnish solvent security to the satisfaction of High Cou....
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 clarified that award debtors must deposit the full awarded sum as a condition for staying enforcement, emphasizing that both public and private parties are subject to the same requirements ....
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