National Highways Autority of India vs Dev Petroleum Point

Heard learned counsel for the appellant as well as learned

counsel appearing on caveat.

Admit. Issue notice.

Mr. Sandeep Shah appears for respondent No.1. Requirement

of service on respondent Nos. 2 & 3 is dispensed with.

Call for the record. Requisition be given ''dasti'' to learned

counsel for the appellant.

Heard on stay application.

Though the present appeal questions the passing of the

award by the competent authority, dismissal of the claim raised

before the arbitrator and dismissal of objections under Section 34

of the Arbitration and Conciliation Act, 1996, in the circumstances

of the case wherein several legal issues arise pertaining to the

validity of the award passed by the Competent Authority, dismissal

of the claim by the arbitrator and the rejection of the objections

under Section 34, it is directed that if the appellant deposits a sum

of Rs. 25,00,000/- with the Competent Authority i.e. SDO, Mount

Abu, the rest of the award dated 13.05.2013 (Annexure 13)

passed by the Competent Authority shall remain stayed during the

pendency of the appeal. The amount so deposited be disbursed to

respondent No. 1 on filing an undertaking that in case the present

appeal is allowed, the amount shall be paid back along with

interest @ 6% per annum.

The stay application stands disposed of.