while staying the enforcement of an award under Section 36(3), the court should only be considering the principles laid down under O. 41 R. 5 of the CPC

Whether the Court would be bound by the principles of Code of Civil Procedure, 1908 while deciding an enforcement petition under Section 36 of the Arbitration Act, 1996?

Toyo Engineering Corporation v. Indian Oil Corporation Limited (Judgment dated 02.08.2021 in SLP (C) No. 11766-11767/2020)

The Supreme Court reiterated that while staying the enforcement of an award under Section 36(3), the court should only be considering the principles laid down under O. 41 R. 5 of the CPC and not swayed by the fact that large amount is to be paid by the government corporations