JUDGMENT :

N.V.ANJARIA, J.

What is prayed in this Special Civil Application is to modify the order dated 02.01.2023 passed by the Additional District Judge, Bhavnagar - Commercial Court, by directing the respondent herein to deposit 100% of the amount awarded by the Arbitral Tribunal as per its award dated 20.03.2020. It is prayed to require the respondent to deposit both, principal amount as well as interest and cost.

2. The aforementioned order dated 02.01.2023, below exhibit 5, came to be passed under section 36 of the Arbitration and Conciliation Act, 1996. Thereby, the respondent prayed to stay the operation and implementation of the arbitral award. The proceedings of section 34 of the Act are pending.

2.1 The operative part of the said order, prayed to be modified, is as under,

"1. The Operation and Implementation of Arbitral Award (with all the amendments), dated 20/3/2020 (in the matter of M/s Shapoorji Pallonji & Company v. M/s Guajarat State Electricity Corporation Ltd. before Arbitrators), is hereby stayed on the condition that Appellant deposits in the court 50% amount awarded as per para 519 (page 174 to 175-total amount being on page 175) of the Original award of arbitrati