(1.) THIS is a revision by the applicants against the order dated 14-9-2001 in MJC No. 63/2000 of the 11th Additional District Judge, Jabalpur before whom their application under Section 34 of the Arbitration and Conciliation Act, 1996 is pending challenging the arbitral award 8-5-2000. This award is being enforced as per Section 36 of the Act before 12th Additional District Judge, Jabalpur,
(2.) ARGUMENTS on the question of admission heard. By the impugned order the execution of the award has been stayed subject to deposit of 25% of the amount of the award. As a matter of fact the applicants should submit an application before the 12th Additional District Judge, Jabalpur where the award is being enforced to stay the execution as the application under Section 34 of the Act is pending and it has been submitted within time. Section 36 of the Act provides that where the time for making an application to set aside the arbitral award under Section 34 has expired, or such application having been made, it has been refused, the award shall be enforced under the Code of Civil Procedure, 1908 in the same manner as if it were a decree of the Court. In the present case the application for setting aside the award has been made within the time stipulated by the law and it has not yet been "refused". The condition precedent before invoking Section 36 of the Act for enforcement of the award is that either the time for making an application to set aside the award under Section 34 of the Act has expired or application having been made has been refused. There is no need of obtaining any stay order from the Court where the application under Section 34 of the Act has been made. If such application has been made in time and until it has been "refused" the application for enforcement of the award under Section 36 of the Act would not be maintainable and the enforcement would remain stayed automatically until the application under Section 34 of the Act is decided. Prima facie this result flows from the interpretation of the plain language of Section 36 of the Act.
(3.) THE applicants should submit the application before the Court where the award is being enforced to stay its enforcement until the decision of the application under Section 34 of the Act and that application will be duly considered by that Court.