SATYEN CONSTRUCTION Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal arises out of an order passed in course of the enforcement of an arbitral award. The respondent herein has challenged the award by way of a petition under Section 34 of the Arbitration and Conciliation Act, 1996. On the respondent's application for stay of the operation of the arbitral award, a conditional order was passed. The award-debtor was unable to comply with the condition for the stay to be effective.

(2.) Execution was levied by the award-holder. In course of such execution, the award-debtor has been permitted to make good the default so that the stay in terms of the order passed in the proceedings under Section 34 of the Act would become effective. It may also be noticed that the award-debtor has also applied before the Arbitration Court for extension of time to comply with the condition that was initially imposed by such Court.

(3.) The appellant award-holder questions the very authority of the executing court to enlarge the time to comply with a condition set by the Arbitration Court. There is substantial merit in the appeal. However, it is doubtful whether the appeal itself is maintainable since the matter pertains to a commercial dispute within the meaning of the definition of such expression in the Commercial Courts Act, 2015.