AIR 2019 SUPREME COURT 3937 ::(2019) 4 ArbiLR 148 ::(2019) 4 CivLJ 549 ::2019 (8) SCC 112 ::(2019) 3 RecCivR 603 ::(2019) 9 Scale 341 ::(2020) 4 Pun LR 293 ::(2020) 139 All LR (SOC) 17(SC) ::2020 (4) Mad LW 354 ::2020 (139) All LR 17 ::(2019) 3 CurCC 62 ::(2019) 5 All WC 4443 ::2019 (4) KCCR SN 388 (SC) ::(2019) 2 Orissa LR 944 ::(2019) 5 AndhLD 276 ::(2019) 204 AllIndCas 129

Supreme Court Of India

(From: Calcutta)

Hon'ble Judge(s): R. F. Nariman, Vineet Saran , JJ

(A) Arbitration and Conciliation Act (26 of 1996) , S.34, S.36(2), S.36(3)— (as amended by Act 3 of 2016) Civil P.C. (5 of 1908) , O.27 R.8A— Enforcement of arbitral award - Stay on - Phrase 'have due regard to the provisions for grant of stay of a money decree under the provision of CPC' - Means that provisions of CPC are to be taken into consideration, and not that they are mandatory - It is to be taken as general guideline, which will not make main provision of Arbitration Act inapplicable. Sub-s. (3) of S. 36 of the Arbitration Act mandates that while considering an application for stay filed along with or after filing of objection u/S. 34 of the Arbitration Act, if stay is to be granted then it shall be subject to such conditions as may be deemed fit. The said sub-section clearly mandates that the grant of stay of the operation of the award is to be for reasons to be recorded in writing 'subject to such conditions as it may deem fit'. The proviso makes it clear that the Court has to 'have due regard to the provisions for grant of stay of a money decree under the provisions of the Code of Civil Procedure'. The phrase 'have due regard to' would only mean that the provisions of CPC are to be taken into consideration, and not that they are mandatory. In the present context, the phrase used is 'having regard to' the provisions of CPC and not '....