STANDARD ELECTRONICS INSTRUMENT CORPORATION Vs. UTTARAKHAND RENEWABLE ENERGY DEVELOPMENT AGENCY (UREDA), VIKAS BHAWAN, PAURI GARHWAL & OTHERS

JUDGEMENT

(1.) According to the petitioner, he had done some work on the basis of the contract executed between the petitioner and Uttarakhand Renewable Energy Development Agency (UREDA). Thereafter, certain disputes arose between the parties as to the payment of money and since the contract has an arbitration clause, the matter was referred to arbitration wherein an award was passed by the Arbitrator against the petitioner.

(2.) The award has now admittedly being challenged by the petitioner before the Principal Civil Court at Dehradun under Section 34 of the Arbitration and Conciliation Act, 1996 in which the respondents have also filed their counter-claim. During the pendency of the aforesaid application, according to the petitioner, a recovery is being initiated against the petitioner, which relates to the payment of arbitral award of Rs.7, 14, 000/- (Rupees Seven Lakh Fourteen Thousand Only). Aggrieved, the petitioner has filed the present writ petition.

(3.) The prayer as sought by the petitioner cannot be granted by this Court in view of clear provisions contained in sub-section (2) of Section 36 of the Arbitration and Conciliation Act, 1996 which clearly says that mere filing of an application itself will not render the award unenforceable, unless there is a stay of the court. Section 36 of the Arbitration and Conciliation Act, 1996 reads as under:-