Chakardhari Sureka v. Prem Lata Sureka through SPA & Ors.
Court – Supreme Court
Citation – Civil Appeal No. 11840/2025
Date – 15.09.2025
The Hon’ble Supreme Court has held that the pendency of Section 37 appeal cannot be a ground for stalling of execution of Arbitral Award.
The Court held,
“6. In our view, the question of executability of the award can be gone into by the Execution Court in accordance with law while addressing objections as and when raised. However, it would not be proper for the Execution Court to defer consideration of the execution application and the objections thereto only because an appeal is pending under Section 37 when there is no interim order operating against the award against which objection under Section 34 of the Act stands rejected.
7. In view of the above, we deem it appropriate to dispose of this appeal by observing that subject to any interim order passed in the appeal pending under Section 37 of the Act, the Execution Court shall be free to proceed with the execution of the award in accordance with law. Needless to observe that if any objection is raised as regards executability of the award, the same shall be addressed in accordance with law after giving opportunity of hearing to the parties concerned.”
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