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2022 Supreme(P&H) 1525

RAJ MOHAN SINGH
National Collateral Management Services Ltd. – Appellant
Versus
Haryana Cooperative Supply and Marketing Federation Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Naresh Markanda, Sr. Advocate with Mr. Rohan Markanda, Advocate and Mr. Karan Gupta, Advocate
For the Respondent:Mr. Baldev Raj Mahajan, Sr. Advocate with Mr. Aman Bahri, Advocate and Mr. Dinesh Kumar Jangra, Advocate

JUDGMENT :

RAJ MOHAN SINGH, J.

1. The petitioner has assailed the order dated 06.08.2021 passed by the Additional District Judge, Chandigarh, whereby the Court has allowed the application for staying the operation of the award dated 12.11.2018 corrected vide order dated 14.01.2019 during pendency of the objection petition under Section 34 of the Act.

2. Perusal of the impugned order would show that the stay application has been entertained, thereby unconditionally staying the operation of the award dated 12.11.2018 and corrected vide order dated 14.01.2019 in violation of Section 36 of the Arbitration and Conciliation Act, 1996 as amended from time to time.

3. Learned Senior Counsel for the petitioner submitted that the impugned order has been passed in utter disregard to the provisions of Section 36(2)(3) of the Act. The filing of objection petition under Section 34 of the Act shall not by itself render that award unenforceable, unless the Court grants an order of the operation of the stay of the arbitral award in accordance with the provisions of sub Section 3 on a separate appli

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