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, the question of executability of the award can be gone into by the Execution Court in accordance with law while addressing objections as and when raised. However, it would not be proper for the Execution Court to defer consideration of the execution application and the objections thereto only because an appeal is pending under S.37 when there is no interim order operating against the award against which objection under S.34 of the Act stands rejected.

7. In view of the above, we deem it appropriate to dispose of this appeal by observing that subject to any interim order passed in the appeal pending under S.37 of the Act, the Execution Court shall be free to proceed with the execution of the award in accordance with law. Needless to observe that if any objection is raised as regards executability of the award, the same shall be addressed in accordance with law after giving opportunity of hearing to the parties concerned.

8. With the aforesaid observations, the appeal is disposed of.

9. Pending application(s), if any, shall stand disposed of.