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2023 Supreme(Online)(KER) 31566

HIGH COURT OF KERALA
P.SOMARAJAN, J
NANDAKUMAR – Appellant
Versus
ANTONY GEORGE – Respondent


Advocates:
RAJIT AGNA PREM

JUDGMENT

Consequent to the passing of Ext.P3 award, the petitioner came up before the District Court under Section 34 of the Arbitration and Conciliation Act, 1996 by filing Ext.P4 petition, in which a stay application was also maintained. The District Court ordered stay subject to the furnishing of security or to deposit sufficient amount to meet the award within three months. But due to some other reasons, the petitioner could not deposit the amount or furnish security within that time. Thereon, the other party initiated E.P wherein the property belonged to the petitioner was attached. Subsequently, at the instance of the petitioner another property was substituted by releasing the earlier one. Ext.P8 is the application submitted for getting stay of execution proceedings and it was filed in Ext.P4 pending proceedings. So far it has not been taken up, considered or adjudicated by the District Court. Hence, he seeks early disposal of the said petition. Since it is for early disposal of the said petition, notice to the respondents is dispensed with. There will be a direction to the District Court to take up Ext.P8 application on the next posting date itself, if it is possible to di

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