J. P. SINGH, J.

( 1 ) THIS Appeal under Order XLIII Rule 1 and Section 105 of the code of Civil Procedure is directed against the order dated 28. 7. 2006 passed by the learned Single Judge in the Execution Petition. The Single Bench has dismissed the Execution Petition on the ground that mere pendency of the Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) stays the execution.

( 2 ) WE have heard Mr. Jayant Bhushan, Sr. Advocate learned counsel for the Appellant and Mr. Jayant Nath, Sr. Advocate learned counsel for the respondent.

( 3 ) BRIEFLY the facts are that the Appellant herein had done some interior work (renovations) in the office of the Respondent. The disputes were referred to the Arbitrator who delivered an Award on 22. 10. 1999. The Respondent herein filed an Application (Objections) under Section 34 of the Act before the learned Single Judge for setting aside the Award. The learned Single Judge modified the Award vide order dated 6. 4. 2004, in respect of claim No. 7; set aside the Award in respect of claim No. 3 and upheld rest of the Award. So practically the decree stood passed in favour of the Appellant t