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2025 Supreme(Online)(SC) 111500

SUPREME COURT
Manoj Misra, Ujjal Bhuyan, JJ.
Chakardhari Sureka v. Prem Lata Sureka Through SPA


1. Leave granted.

2. Heard learned Counsel for the parties.

3. The short issue that arises for our consideration is whether the Execution Court should defer the proceedings qua execution of the award only because an appeal under S.37 of the Arbitration and Conciliation Act, 1996 (for short the Act) is pending against rejection of an application under S.34 of the Act.

4. It is not in issue that an objection under S.34 of the Act was preferred against the arbitral award which has been rejected. Though an appeal under S.37 of the Act is pending, there is no stay order operating against the award. The decree - holder has put the award into execution. By the impugned order dated 09.05.2025, the Executing Court (i.e., the High Court of Delhi) has adjourned the hearing on the execution side by observing that the appeal is pending.

5. The learned counsels appearing for the parties are not in issue over the fact that there is no interim order operating against the award though the appeal preferred under S.37 of the Act is pending. They, however, are in issue as regards excutability of the award as, according to respondents, certain objections in that regard have been raised.

6. In our view,



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