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The Supreme Court bench headed by Justice Rohinton Fali Nariman and Justice Indu Malhotra, made the unconditional stay granted in an arbitral award by the District Judge, PurvaMedinipur, West Bengal. The petitioner was Pam Developments Pvt.Ltd. Had challenged the order passed by the lower court.
There was a contract between the parties that pertained to a notice inviting tender dated 8 September 2010. The petitioner was the highest successful tenderer for widening and strengthening the EgraBajkul Road in PurvaMedinipur, West Bengal. However there were disputes regarding execution and discharge and payment. They went for arbitration this.
The arbitrator passed an award that made the state liable to pay a sum of 1.7 Crore to Pam Developments. The petitioner then moved to the Calcutta High Court, when the payment was not made even after waiting for more Ethan three months. After the execution application being filed with the Calcutta High Court, the Court was informed that an application to St aside the arbitral award was filed before the district judge. The matter was the adjourned by the Calcutta High Court from time to time and an unconditional order was finally granted by the lower court. This order has been challenged in the Supreme Court for having violated Section 36 (3) of the Arbitration and Conciliation Act, 1996.
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