Judgment :- (1). HEARD the learned Advocate appearing on behalf of the petitioner. (2). FROM the affidavit of service filed on behalf of the petitioner, it appears that service has been duly effected upon the opposite party herein. In spite of service none appears on behalf of the opposite party when the matter is called. (3). THE instant application under Article 227 of the Constitution of india arises out of an order, being Order No. 30 dated 16th June, 2007 passed by the learned Civil Judge (Senior Division), 1st Court at Barasat, district -North 24 Parganas in Money Execution Case No. 6 of 1998. (4). THE learned Court below by the order impugned inter alia directed the petitioner herein to deposit by way of security amount a sum of Rs. 1, 00,000/- within sixty days from the date of the order for the purpose of staying the execution case till disposal of Title Suit No. 248 of 1998. (5). IT appears that the petitioner herein has filed an application under section 34 of the Arbitration and Conciliation Act, 1996, for set aside of an award which has been passed against him, before the learned Court below, which has been numbered as Title Suit No. 248 of 1998. The said setting-aside application under Section 34 of the Arbitration and Conciliation Act, 1996, is still pending before the learned Court below for final disposal. The learned Court below while passing the order dated 16th June, 2007 has not taken into consideration the provision of Section 36 of the Arbitration and conciliation Act, 1996. For convenience the said section is reproduced hereinbelow:- "enforcement.-Where the time for making an application to set aside the arbitral award under section 34 has expired, or such application having been made, it has been refused, the award shall be enforced under the Code of Civil Procedure, 1908 (5 of 1908)in the same manner as if it were a decree of the Court". (emphasis supplied) (6). FROM a plain reading of the aforementioned provision of law it is clear that pending final disposal of an application under Section 34 of the arbitration and Conciliation Act, 1996, the award cannot be enforced under the Code of Civil Procedure, 1908, in the same manner as if it were a decree of the court. (emphasis supplied) (6). FROM a plain reading of the aforementioned provision of law it is clear that pending final disposal of an application under Section 34 of the arbitration and Conciliation Act, 1996, the award cannot be enforced under the Code of Civil Procedure, 1908, in the same manner as if it were a decree of the court. In other words, there is an automatic stay of execution in such cases, where setting-aside applications under Section 34 of the Arbitration and Conciliation Act, 1996, are pending before a Court for final disposal. (7). IN the circumstances, the impugned order dated 16th June, 2007 shall stand modified to the extent that the execution case shall remain stayed till the disposal of the application under Section 34 of the Arbitration and conciliation Act, 1996, for setting aside of the award, without the petitioner being subjected to deposit the security amount as directed in the order impugned. (8). THE revisional application stands disposed of in terms of the directions given hereinabove.