JUDGMENT :

MOUSHUMI BHATTACHARYA, J.

1. The award-debtor has filed the present application for stay of the Execution proceedings till the outcome of the application made by the award-holder for setting aside of the award under section 34 of The Arbitration and Conciliation Act, 1996. Both the parties have sought for setting aside of the award. The award-debtor in AP No. 396 of 2023 (which is the award-holder’s setting aside application) has taken a point of the execution proceedings not being filed in proper form under the provisions of The Commercial Courts Act, 2015. The award-debtor accordingly seeks striking out of pleadings in the Execution Case and other consequential orders against the award-holder.

2. To streamline the argument made on behalf of the award-debtor, according to learned counsel, the tabular statement of the Execution Case mentions “Original Side” instead of “Commercial Division.” The other argument is that the affidavit in support of the Tabular Statement is not accompanied by a Statement of Truth as required under Order VI Rule 15A of The Code of Civil Procedure, 1908, (CPC) as amended by The Commercial Courts Act, 2015. Counsel submits that the award-holder sho