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2022 Supreme(P&H) 1906

RAJ MOHAN SINGH
Union of India – Appellant
Versus
Ranjit Singh – Respondent


Advocates appeared:
Mr. Sunil K. Sharma, Advocate, for the Appellant.

JUDGMENT

Raj Mohan Singh, J.(Oral) - Vide order dated 30.09.2022, a bunch of cases with the lead case bearing CR No.259 of 2022 was decided. In paras No.29, 34, 35, 36, 38 and 39 following observations were made by this Court:-

    ''[29], In view of BGS SGS Soma JV case (supra), the petitioners cannot be allowed to contend that as per 2019 Rules, there is automatic stay in contrary to Section 36 of the Arbitration and Conciliation Act. Reliance can be placed upon Pam Developments and Private Limited Vs. State of West Bengal, 2019(3) RCR (Civil) 603 and BCCI Vs. Kochi Cricket Pvt. Ltd., (2018) 6 SCC 287, where the contentions with regard to automatic stay was deprecated by the Court and it was held that in view of Section 36 of the Act, mere filing of an application under Section 34 of the Act, shall not stay enforceability of the award unless the Court grant a stay of operation of the arbitration award in accordance with the provision of sub Sections 2 and 3 of Section 36 of the Act. No stay has been granted by the Court at Bathinda in the objection petition under Section 34 of the Arbitration and Conciliation Act. Petitioners have deposited the awarded amount as per the award by the Ar

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