Victor Khanna (Director) 15 August 2014

Deemed stay under section 34

Dear Experts,

I want to know if a there is an automatic deemed stay granted when a person files an appeal against an award under section 34 of the A&C Act 1996

Can this stay be vacated? How to vacate such stay?

Thanks

Reply Follow

4 Replies

T. Kalaiselvan, Advocate (Advocate) 20 August 2014

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

Arpit lalan (Legal Consultancy/Advocate) 26 August 2014

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

(Guest)

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

Saurendra Rautray (advocate) 02 June 2015

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