ADITYA FUELS LTD Vs. BILT CHEMICALS LTD

JUDGEMENT

(1.) Rule, returnable today. Mr. A. R. Thacker waives service of rule on behalf of respondent. With the consent of parties, this application is taken up for final hearing today.

(2.) The applicant of this Civil Application has filed First Appeal No. 17 of 2006 under Sec. 37(i)(b) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Arbitration Act') which is admitted by this Court and pending for final hearing. By this Civil Application, it is prayed that during the pendency of the said First Appeal, the order passed by the trial Court i.e. by learned Additional District Judge, Gandhidham, Kutch in C. M. A. No. 215 of 2005 may be stayed during the pendency of the appeal.

(3.) The Civil Application has been opposed by the respondents on the ground that the award given by the Arbitrator should be treated as a money decree, and therefore, absolute stay cannot be granted and the applicant may be directed to deposit the amount awarded by the Arbitrator.