---
title: "Pending Section 37 Appeal Without Stay Does Not Arrest Execution: Supreme Court Order in Chakardhari Sureka v. Prem Lata Sureka"
date: 2025-09-20
author: "Supriya Bhosale"
url: https://www.indialaw.in/blog/arbitration-and-conciliation/sc-no-stay-in-sec-37-appeal-execution-can-proceed/
---

# Pending Section 37 Appeal Without Stay Does Not Arrest Execution: Supreme Court Order in Chakardhari Sureka v. Prem Lata Sureka

Posted On - 20 September, 2025 •

By - [Supriya Bhosale](https://www.indialaw.in/people/supriya-bhosale/ "Posts by Supriya Bhosale") and [Rahul Sundaram](https://www.indialaw.in/people/rahul-sundaram/ "Posts by Rahul Sundaram")

[![Pending Section 37 Appeal Without Stay Does C: Supreme Court Order in Chakardhari Sureka v. Prem Lata Sureka](https://www.indialaw.in/wp-content/uploads/8112201.jpeg)](https://www.indialaw.in/wp-content/uploads/8112201.jpeg)

The Supreme Court of India, by a short order pronounced on 15 September 2025 in Civil Appeal No. 11840 of 2025 (SLP(C) No. 20480 of 2025), has removed an impediment placed by the Delhi High Court on the execution of an arbitral award. The order, delivered by Justice Manoj Misra and Justice Ujjal Bhuyan, records that once an application under section 34 of the Arbitration and Conciliation Act, 1996 has been dismissed and no stay of the award has been granted in the subsequent section 37 appeal, the executing court is not justified in adjourning the execution proceedings merely because the appeal remains pending.

## **Facts as found in the order **

The appellant, Chakardhari Sureka, obtained an arbitral award in his favour. The respondents, Prem Lata Sureka through her constituted attorney and others, filed an objection under section 34 which was rejected by the High Court of Delhi. An appeal under section 37 was preferred, but no interim order staying the award was passed. The decree-holder initiated execution; by the impugned order dated 9 May 2025 the Execution Court adjourned the hearing on the ground that the appeal was pending. The present appeal is directed against that adjournment.

## **Contentions noted by the Court **

The order records that learned counsel for the parties were not in dispute over the fact that no interim order operating against the award exists. They differed only on the question whether the award could still be resisted in execution. The respondents suggested that certain objections to executability had been raised; the appellant insisted that the execution could not be deferred in the absence of a stay.

## **Reasoning of the Court **

The Court observed that the issue of executability can be examined by the Execution Court in accordance with law whenever objections are raised. It, however, held that it would not be proper for the Execution Court to defer consideration of the execution application and the objections thereto only because an appeal under section 37 is pending when no interim order operating against the award is in place.

## **Final directions **

The appeal is disposed of with the clarification that, subject to any interim order that may hereafter be passed in the section 37 appeal, the Execution Court shall be free to proceed with the execution of the award in accordance with law. If any objection as to executability is raised, the same shall be addressed in accordance with law after giving opportunity of hearing to the parties. Pending applications, if any, stand disposed of.

## **Conclusion **

The order re-affirms the statutory position that the dismissal of a section 34 application, unaccompanied by a stay in the ensuing section 37 proceeding, leaves the award enforceable; an executing court may not defer execution on the sole ground that an appeal is pending.

For further details write to [contact@indialaw.in](mailto:contact@indialaw.in)

[Alternative Dispute Resolution (ADR)](https://www.indialaw.in/expertise/alternative-dispute-resolution/)

---

# IndiaLaw LLP — Offices & Contact Details

---

## General Contact

| | |
|---|---|
| **Website** | https://www.indialaw.in |
| **Primary email** | contact@indialaw.in |
| **Primary phone** | +91 836-9995919 |
| **Contact form** | https://www.indialaw.in/connect/ |
| **Careers (separate channel)** | https://www.indialaw.in/careers/ |


---

## All Offices (9 locations across 8 cities)

### 1. Mumbai — Registered Office & Head Office (Apeejay Chambers)

| | |
|---|---|
| **Address** | Apeejay Chambers, Ground Floor, Wallace Street, Fort, Mumbai – 400 001 |
| **Phone** | [022-6924-7400](tel:02269247400) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/mumbai/ |
| **Practice focus** | Litigation · Arbitration · Insolvency & Bankruptcy · Corporate · Banking · Real Estate · IP |
| **Notes** | The HQ. 5 partners based here. Handles PAN-India litigation, arbitration, corporate, banking, IP and real estate practice. Largest team across all offices. |

### 2. Mumbai — Non-Litigation Office (Excelsior, Fort)

| | |
|---|---|
| **Address** | 4th Floor, New Excelsior Theatre Pvt. Ltd., Amrit Keshav Nayak Marg, Fort, Mumbai – 400 001 |
| **Phone** | [022-697-40500](tel:022-697-40500) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/mumbai/ |
| **Practice focus** | Non-litigation only — consultations, negotiations, transactional work |
| **Notes** | Opened 2024. Litigation and arbitration remain at the Apeejay Chambers head office. |

### 3. Delhi

| | |
|---|---|
| **Address** | Flat No. 1107 & 1108, Prakashdeep Building, Tolstoy Marg, Connaught Place, New Delhi – 110 001 |
| **Phone** | (general line: +91 836-9995919) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/delhi/ |
| **Practice focus** | Litigation · Arbitration · Insolvency & Bankruptcy · Corporate · Banking · Real Estate |
| **Notes** | 3 partners based here. Located near the Supreme Court of India, Delhi High Court and other appellate bodies. |

### 4. Kolkata

| | |
|---|---|
| **Address** | Centre Point Building, Room No. 214, 2nd Floor, Premises No. 21, Hemanta Basu Sarani, Opp. Great Eastern Hotel, P.S. Hare Street, Kolkata – 700 001, West Bengal |
| **Phone** | [+91 33 4813 1001](tel:+913348131001) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/kolkata/ |
| **Practice focus** | Insolvency & Bankruptcy · Commercial & Civil Litigation · Arbitration · Banking Litigation · Real Estate · Labour & Employment · Consumer |
| **Notes** | Advises banks, NBFCs, MSMEs and corporates on transactions and dispute resolution. Works in close coordination with the Mumbai HO. |

### 5. Chennai

| | |
|---|---|
| **Address** | GF-A, 19 Casa Major Road, Egmore, Chennai – 600 008 |
| **Phone** | (general line: +91 836-9995919) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/chennai/ |
| **Practice focus** | Litigation · Insolvency & Bankruptcy · Real Estate |
| **Notes** | Full-fledged office with experienced legal team. Supported by Mumbai HO. |

### 6. Bengaluru (Bangalore)

| | |
|---|---|
| **Address** | INDIALAW LLP, No. 7 Chinnaswamy Mudaliar Road, Shivaji Nagar, Bangalore – 560 051 |
| **Phone** | [080-4167-2444](tel:08041672444) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/bengaluru/ |
| **Practice focus** | Litigation · Insolvency & Bankruptcy · Real Estate · Family Laws · Labour |
| **Notes** | Located near Bangalore High Court. Handles corporate, commercial, banking and matrimonial disputes. |

### 7. Hyderabad

| | |
|---|---|
| **Address** | 403, 4th Floor, Sanatana Ecstasy Building, beside Tanishq Show Room, Himayathnagar, Hyderabad – 500 029, Telangana |
| **Phone** | [040-6666-5166](tel:04066665166) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/hyderabad/ |
| **Practice focus** | Litigation · Banking · Insolvency & Bankruptcy · Real Estate |
| **Notes** | Particularly well known for complex banking matters and real estate transactions. |

### 8. Cochin (Kochi)

| | |
|---|---|
| **Address** | Second Floor, Pulikkal Building, K.K. Padmanabhan Road, Ernakulam North – 682 018, Kerala |
| **Phone** | [0484-3583961](tel:04843583961) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/cochin/ |
| **Practice focus** | Litigation · Insolvency & Bankruptcy · Real Estate |
| **Notes** | Commercial disputes, property litigation, financial-claim arbitrations and real estate transactions. |

### 9. Noida (NCR)

| | |
|---|---|
| **Address** | No. 16 & 17, Silver Offices, 17th Floor, Wave One, Sector 18, Noida – 201 301 |
| **Phone** | (general line: +91 836-9995919) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/noida/ |
| **Practice focus** | Aviation · Insurance · Mergers & Acquisitions · Corporate |
| **Office head** | **Mr. Dinesh Gupta** (joined August 2025 to lead and expand the corporate practice) |
| **Notes** | Newest office. Sector-focused on highly regulated industries serving NCR-based clients. |

---

## Quick-Dial Phone List

| Office | Phone |
|---|---|
| Mumbai HO (Apeejay) | 022-6924-7400 |
| Mumbai Excelsior | 022-697-40500 |
| Kolkata | +91 33 4813 1001 |
| Bengaluru | 080-4167-2444 |
| Hyderabad | 040-6666-5166 |
| Cochin | 0484-3583961 |
| **General / Marketing line** | **+91 836-9995919** |

Delhi, Chennai and Noida route through the general number.

---

## Social Channels

- LinkedIn: https://www.linkedin.com/company/indialaw
- X / Twitter: https://twitter.com/Indialawmumbai
- Facebook: https://www.facebook.com/indialawllp/
- Instagram: https://www.instagram.com/indialawllp

---