Recently, the Supreme Court in the matter of Hindustan Construction Co. Ltd. and Anr. v. Union of India and Ors. ("the HCCL Judgment") declared that its observations made in the NALCO Judgment were incorrect. The Supreme Court held that inferring something negative into Section 36 of the nature that whenever an application is filed under Section 34, the provision becomes unenforceable is incorrect and against the statutory scheme as evident from other provisions like Sections 9, 34, 35 and 36 (second part). Thus, the statutory provision of automatic stay as laid in that Judgment is incorrect.