[2025:RJ-JP:8682] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1405/2025 1. M/s Westin Pushkar Resort & SPA, (A Unit Of Paradise Properties), 407, Paradise, C061A, Sarojini Marg, C- Scheme, Jaipur - 302001, Through Its Partner Mr. Pankaj Saboo 2. Pankaj Saboo s/o Late Shri Prabha Shankar Saboo, aged about 58 Years, Partner, Paradise Properties, R/o Plot No.32A & 32B Scheme 2B Extension, Suraj Nagar West, Civil Lines, Jaipur, Rajasthan ----Petitioners/ Non-Claimants Versus M/s. Tvishi Services Private Limited, having its Office At C1/637, Palam Vihar, Gurgaon - 122017 Through Its Director Vivek Kakkar ----Respondent/Claimant For Petitioner(s) : Mr. Mohit Khandelwal For Respondent(s) : Ms. Alisha Chopra, Mr. Vikram Singh for Ms. Suruchi Kasliwal HON'BLE MR. JUSTICE SUDESH BANSAL Order 27/02/2025 1. By means of filing instant writ petition under Article 227 of Constitution of India, challenge has been made by the petitioner- non-claimants to the order dated 11.11.2024, passed by the Commercial Court No.2, Jaipur Metro-II, Jaipur, allowing stay application filed by the petitioners under Section 36 of the Arbitration and Conciliation Act, 1996, staying the arbitral award dated 09.09.2023 with a condition to deposit the full amount with interest within a period of one month. The Commercial Court in the order has observed that after deposition of full amount, 50% [2025:RJ-JP:8682] (2 of 2) [CW-1405/2025] of the amount shall be kept in FDR and remaining 50% amount be disbursed to the awardee on furnishing a bank guarantee. 2. Counsel for the petitioner, having argued the writ petition on merits, however during the course of argument, after obtaining instructions from the petitioner, confined his prayer to the effect that the period of 30 days, granted by the Commercial Court, is short to deposit such a huge amount and that too has expired, hence, at least that period may be extended upto 15th March, 2025. 3. Counsel appearing on behalf of claimant submits that the writ petition has been filed, after expiry of the period of 30 days, from the date of passing the order by the Commercial Court and the prayer of petitioner to extend time is not bonafide. 4. Having considered the limited prayer of counsel for the petitioners and considering the quantum of award, to secure the ends of justice, this Court deems it just and proper to grant time to petitioners to deposit the award amount in compliance of order the dated 11.11.2024 on or before 15th March, 2025. In case, the amount is not deposited, the stay Order 11.11.2024 shall become inoperative. 5. With aforesaid, the writ petition stands disposed of. 6. Stay application and any other pending application, if any, stand disposed of. 7. Copy of this order be forwarded to the Commercial Court. (SUDESH BANSAL),J TN/10