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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Piyush Agrawal,J.
LR Print Solutions – Appellant
Versus
Exflo Sanitation Pvt Ltd. – Respondent
HON’BLE PIYUSH AGRAWAL, J.
1. Heard Mr. Abhishek Kumar along with Mr. Ishwar Kumar Upadhyay, learned counsel for the petitioner; Mr. Rahul Sripat, learned Senior Advocate assisted by Mr. Ishir Sripat, learned counsel for the respondents.
2. The petition u/a 227 has been filed for quashing the order dated 24.6.2024 passed by the Executing Court / Commercial Court No. 2, District Gautam Buddh Nagar in Execution Case No. 108 of 2021.
3. Brief facts as stated in the writ petition are that the petitioner is tenant of the industrial plot no. C – 156, Sector 10, NOIDA (area 114 Sq. Meter) (ground floor of the building), since the date of execution of tenancy agreement dated 1.7.2008 at the rate of Rs. 8000/- per month. The agreement was unregistered for a period of 11 months for manufacturing purpose which continued even after expiry of the period. There was a dispute between the plaintiff -petitioner and defendant respondent no. 1 with regard to the payment of rent, therefore, respondent no. 1 has filed a S.C.C. Case no. 19 of 2011 for ejection of the petitioner. In the said suit, the petitioner has filed an application for rejection of plaint under Order 7 Rule 11 CPC on the ground that si
The filing of an application under Section 34 of the Arbitration Act does not automatically stay the execution of an arbitral award, and compliance with the award is mandatory unless stayed by a comp....
The main legal point established in the judgment is that the unamended Section 36 of the Arbitration and Conciliation Act does not provide for automatic stay of the award pending the application unde....
Execution of an arbitral award requires compliance with the 90-day limitation under Section 34; execution petitions filed before this period are impermissible.
An unconditional stay of an arbitral award is impermissible unless specific statutory conditions under Section 36(3) of the Arbitration Act are fulfilled.
The court upheld limitations on condonation applications under the Arbitration and Conciliation Act, emphasizing adherence to statutory timelines.
Mesne profits can only be claimed from the date of the eviction decree, not from the date of filing the suit, as possession remains lawful until the decree is passed.
The court ruled that a full deposit of the arbitral award amount is mandatory before granting a stay under Section 36 of the Arbitration and Conciliation Act, 1996.
Applications under Section 34 of the Arbitration and Conciliation Act cannot be filed beyond the specified period, emphasizing judicial minimalism in arbitration proceedings.
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