https://www.taxtmi.com/caselaws?id=456364 Section 36(3) of the Arbitration and Conciliation Act, 1996 gives the court discretion to stay an arbitral award for payment of money on such terms as it considers fit, and the proviso only requires due regard to the principles governing stay of a money decree. Order 41 Rule 5 of the Code of Civil Procedure, 1908 does not impose an inflexible rule that deposit of the decretal amount must always be ordered. The court must act judicially on the facts, including whether sufficient cause is shown and whether substantial loss is demonstrated. On the stated facts, unconditional stay was justified because the award relied on a limited purported admission without considering the full defence and counter-claim. en-us Wed, 14 Mar 2018 00:00:00 +0530 Fri, 19 Jul 2024 20:04:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=456364 Section 36(3) of the Arbitration and Conciliation Act, 1996 gives the court discretion to stay an arbitral award for payment of money on such terms as it considers fit, and the proviso only requires due regard to the principles governing stay of a money decree. Order 41 Rule 5 of the Code of Civil Procedure, 1908 does not impose an inflexible rule that deposit of the decretal amount must always be ordered. The court must act judicially on the facts, including whether sufficient cause is shown and whether substantial loss is demonstrated. On the stated facts, unconditional stay was justified because the award relied on a limited purported admission without considering the full defence and counter-claim. Case-Laws Indian Laws Wed, 14 Mar 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=456364