BALAJEE EDUCATION PRIVATE LIMITED Vs. RAJANI KANT PANDEY

JUDGEMENT

(1.) The claimant/petitioner has filed the instant application under Article 227 of the Constitution of India challenging an order being No. 2 dated March 15, 2017 passed by the learned District Judge, South 24- Parganas at Alipore in Misc. Case No. 162 of 2017.

(2.) The opposite party filed an application under Section 34 of the Arbitration and Conciliation Act (for short "the Act") being Misc. Case No. 162 of 2017 challenging an Award passed by the learned Arbitrator on October 26, 2016. The learned District Judge, by the order impugned, passed an ad-interim order of stay of operation of the impugned Award till April 17, 2017.

(3.) Ms. Banerjee, learned advocate appearing on behalf of the petitioner submits that the order impugned cannot be sustained in view of the fact that the same was passed without taking into consideration the provisions laid down under Section 36 of the Act. She further relies on a judgement in the case of Pam Developments Private Limited Vs. State of West Bengal reported in 2019 SCC OnLine SC 852 in support of the submission that in view of the provisions laid down under Section 36 of the Act read with Order 41 Rule 5 of the Code of Civil Procedure, the Court has the power to direct deposit of full or part irrespective of the awarded sum.