2013 (1) TMI 956

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....al, J. 1. The petitioner has preferred this writ petition against the order of the District Judge dated 30.7.2012 by which he has been directed to deposit the admitted amount of award, i.e., ` 7,49,598 for the purposes of hearing of application for setting aside the award. Heard Sri Nripendra Mishra, learned counsel for the petitioner. 2. It appears that the respondent No. 2 made a claim against....

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.... as awarded. 3. The submission of Sri Nripendra Mishra, learned counsel for the petitioner is that no condition to deposit any amount can be imposed as the application for setting aside the award is under Section 34 of the Arbitration and Conciliation Act, 1996 which does not provide for deposit of any part of the awarded amount as a condition for maintaining an application. 4. The arbitration p....

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....rtained unless the applicant/appellant deposits 75% of the amount in terms of the decree/award. 7. The provisions of Section 34 of the 1996 Act are to be read alongwith the provisions of the aforesaid both the Acts which in addition to the procedure prescribed under Section 34 of the 1996 Act provides for deposit of 75% of the amount of the award as a condition precedent for entertaining the appl....