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TMI Blog2016 (1) TMI 1383X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - AP No.1710 of 2015 - - - Dated:- 14-1-2016 - I. P. Mukerji, J. Mr. Swarnen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e application. The subject award was made and published on 30th July, 2015. This application to set aside the award was filed on 26th November, 2015. Mr. A.Ghosh, learned Advocate for the respondent, took an initial objection to admission of this application on the ground that the awarded sum had to be secured by the petitioner. Mr. S.Ghosh, learned Advocate for the petitioner took an adjournment to consider the legal point involved. He has come up with the answer today. He showed me the Repeal and Savings clause in the Arbitration and Conciliation (Amendment) Act, 2015. It is Section 26 and is in the following terms :- Nothing contained in this Act shall apply to the arbitral proceedings commenced, in accordance with the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovides for taking security from a judgement debtor. In my opinion 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. I emphasise that 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. In this case, this application has been filed on expiry of three months but within thirty days thereafter. Sufficient ..... X X X X Extracts X X X X X X X X Extracts X X X X
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