WEST BENGAL SMALL INDUSTRIES DEVELOPMENT CORPORATION LIMITED Vs. KAUSHALYA INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED

JUDGEMENT

(1.) The petitioner seeks unconditional stay of the operation of an Award dtd. 22/4/2019. By the said Award, the learned Arbitrator directed the petitioner (respondent in the arbitration) to pay Rs.13.06 crores (approx) to the respondent in respect of the claims made by the respondent in the arbitration.

(2.) The prayer for unconditional stay of the impugned Award is on the ground of the second proviso to sec. 36(3) of The Arbitration and Conciliation Act, 1996, which empowers the Court to unconditionally stay an award where the Court is satisfied, prima facie, that the making of the award was induced or effected by fraud or corruption.

(3.) According to learned counsel appearing for the petitioner, the manner in which the impugned Award was made fits in within the requirements of the second proviso to sec. 36(3) which contemplates unconditional stay of an award.