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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
TRIBHUVAN DAHIYA
Apollo Green Energy Limited – Appellant
Versus
Man Structurals Private Limited – Respondent
JUDGMENT :
Tribhuvan Dahiya, J.
1. This petition under Article 227 of the Constitution of India has been filed for setting aside order dated 02.05.2025, Annexure P-16, passed by Additional District Judge-cum-Presiding Judge, Exclusive Commercial Court at Gurugram, in CIS No.ARB-02-2024, whereby he has ordered release of the decretal amount Rs.19,33,71,085 to the respondent on furnishing Bank guarantee of the equivalent amount, during pendency of the petition under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, 'the 1996 Act') against the award dated 10.10.2023, Annexure P-7.
2. Facts relevant to decide the matter are, disputes between the parties were referred to arbitration, which led to passing of the award dated 10.10.2023, directing the petitioner to pay a sum of Rs. 14,44,70,000 along with simple interest at the rate of twelve per cent per annum from the date of cause of action, along with Rs.13,09,105 as arbitration costs, to the respondents. The award was challenged before the Commercial Court at Gurugram by filing objection petition under Section 34 of the 1996 Act which is pending adjudication.
2.1. The respondent/decree holder filed an execution petitio
The execution of an arbitral award may proceed despite pending appeals unless a stay is expressly granted; writ jurisdiction is not an avenue for private arbitration disputes absent substantial legal....
Court deposit of arbitral award amount with interest during Section 34 stay proceedings constitutes payment to decree-holder's credit, ceasing post-award interest from deposit date; Order XXI Rule 1(....
Execution of an arbitral award requires compliance with the 90-day limitation under Section 34; execution petitions filed before this period are impermissible.
Interest ceased to run on the deposited amount after the dismissal of FAO No. 284/2005 on 04.12.2008.
The court affirmed its jurisdiction to review its orders while highlighting that a mere filing of a review petition does not grant a stay on award enforcement unless complying with statutory requirem....
The absence of a condonation application renders a challenge to an arbitral award under Section 34 of the Arbitration Act invalid if filed beyond the statutory limitation period.
The pendency of an application under Section 34 of the A&C Act is no longer a bar for enforcement of an arbitral award. The court must hear the application under Section 34 of the A&C Act on its meri....
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