Case Name : Pam Developments (P) Ltd vs. State of West Bengal Case Reference: (2019) 9 SCR 252 Case Number: CA No. 5432/2019 Court: Supreme Court Bench: 02 Coram: RF Nariman, Vineet Saran (Author) Date: 12.07.2019
Stay under section 36 A&C Act can be granted on terms that the court deems it. The pharse “have due regard to” in the proviso thereto only means that the provisions of the CPC are to be taken into consideration, not that they are mandatory (Para 17) Distinguishing phrase “having regard to” and “in accordance with”, the former is directory and guiding, and the latter is mandatory. (Para 18)
Unlike section 80 CPC which requires two-months notice to the Government before institution of a suit and that no ex parte injunction can be passed against the government, there is no such special provision with respect to arbitration by or against the Government in the arbitration act. Sections 9 and 17 provide for ex parte interim orders against the government (para 25)
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See also: CPC - Section 80 A&C Act, 1996 - Section 9 A&C Act, 1996 - Section 17 A&C Act, 1996 - Section 36
PDF: Pam Developments vs State of West Bengal, CA 5432-2019 (SC).pdf
SCR PDF: Pam Developments (P) Ltd vs State of West Bengal, (2019) 9 SCR 252.pdf