Arbitration,award & execution

Tom (Querist) 21 June 2016 This query is : Resolved
Arbitration Award (money) received under old (Pre-2016 amendment) Act. Debtor Company challenged Award in district court under section 34.It also petitioned for Stay on execution till Challenge OP is decided. Court granted ex-parte Stay till Hearing and sent us notices. Seems fair enough so far.Both petitions now coming up for first Hearing after 4 months.Will the Court grant absolute Stay till the OP is heard,which can take years ? If the court is inclined so,do we insist on some conditions for this stay ? What other options we have ?

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Devajyoti Barman (Expert) 21 June 2016
Who are you and how are related to this query?

Tom (Querist) 21 June 2016
@ Expert Shri D Barman Sir.I am the respondent party !

H. S. Thukral (Expert) 21 June 2016
Yes. After amendment the CPC is applicable to proceedings under section 34 of the Act. court can impose conditions under section 41(5) of the code as applicable to a money decree.

Tom (Querist) 21 June 2016
@ Expert Shri HS Thukral Sir: Proceedings started in August 2015 and Award was pronounced on 26 October 2015. So are we subjected to post amendment 2016 ?

Devajyoti Barman (Expert) 21 June 2016
Generally in appeal u/s 34 the appeal court does not grant blanket stay if the award is granted.
I am surprised that in your case without making standard condition like depositing a certain sum of money.
File a petition for vacating the stay.