Deemed stay under section 34

There is no automatic stay anytime anywhere unless prayed for it in a separate application along with the appeal.

the STAY can be vacated only by filing application for stay  against award in court. 

Please discuss the real problem, if any, to avoid any conflicting opinion.

Hi,

Filing of section 34 on time means an automatic stay on section 36 execution and there is no provision in the act to vacate such stay. You need to complete the hearing under section 34 and till then execution case cannot be taken up for hearing even if it has been filed.

Saurendra Rautray

Rautray & Co

New Delhi.

www.rautray&co

09437008255