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2016 (1) TMI 1383 - HC - Indian LawsArbitration and Conciliation (Amendment) Ordinance 2015 - Ordinance was repealed by the Arbitration and Conciliation (Amendment) Act 2015, which received the assent of the President on 31st December, 2015 and was published in the Gazette of India on 1st January, 2016 - enforce-ability of an award during pendency of a setting aside application - Held that:- Section 36 of the 1996 Act only stipulated that the award would be enforced in accordance with the Code of Civil Procedure. This simply meant that the award would be executed in accordance with the provisions in that behalf in the said code. There is nothing in the Chapter relating to execution in the Civil Procedure Code which provides for taking security from a judgement debtor - the repeal and savings clause of the Amendment Act of 2015 did not make applicable the amendment Act in case of arbitration which commenced before its enactment. Since the subject arbitration commenced much prior to coming into force of the Amendment Act, nothing in it applies to the subject arbitration. The law in force before 31st December, 2015 did not recognise taking of security from the award debtor for staying of operation of the award. The award was stayed automatically upon "making" of the application to set aside the award.
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