MOUSHUMI BHATTACHARYA
Everest Infra Energy Limited – Appellant
Versus
Transmission (India) Engineers – Respondent
JUDGMENT :
Moushumi Bhattacharya, J.
1. The applicant seeks review of a judgment and order dated 5.3.2021 arising out an arbitration petition filed by the award-debtor (respondent in the present application). The review applicant is the award-holder.
2. The alternative prayer of the review applicant is for a direction on the award-debtor to deposit an amount of Rs. 1,84,18,301.66/- for stay of the operation of the arbitral award dated 31.1.2020.
3. The judgment and order dated 5.3.2021 was passed in an application by the judgment debtor for stay of the award dated 31.1.2020. The application was made under section 36(3) of The Arbitration and Conciliation Act, 1996. The application was disposed of by directing the award-debtor (respondent herein) to put in an amount of Rs. 1,30,51,678/- in an interest-bearing fixed deposit within a fortnight from the date of the judgment upon intimation to the Registrar, Original Side of this Court. The award-holder was restrained from taking any steps for execution of the award on the compliance of the directions by the award-debtor.
4. Learned counsel appearing for the review applicant/award-holder submits that the Court directed the award-debtor to se
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Parsion Devi vs. Sumitri Devi; (1997) 8 SCC 715
Morgan Securities and Credits Private Limited vs. Videocon Industries Limited; (2023) 1 SCC 602
Pune Municipal Corporation vs. Harakchand Misirimal Solanki; (2014) 3 SCC 183
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