Calcutta High Court
Digram Infosolution Private Limited vs Lalchand Premsukh on 15 March, 2017
Author: Soumen Sen
Bench: Soumen Sen
AP No.928 of 2016
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
DIGRAM INFOSOLUTION PRIVATE LIMITED
-Versus-
LALCHAND PREMSUKH
Appearance:
Mr. A. Mukherjee, Adv.
...for the petitioner.
Mr. Ayan Kumar Boral, Adv.
...for the respondent.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN Date : 15th March, 2017.
The Court : The memorandum of settlement is inadequately stamped and accordingly impounded and unless the stamp duty and penalty is paid, the said document cannot be considered for appointment of arbitrator in view of the judgment of the Hon'ble Supreme Court reported in 2011(14) SCC 66.
The petitioner shall produce the original memorandum of agreement before the Collector for adjudication. The Collector shall assess the stamp duty and penalty, if any, payable on the said document within two weeks from the date of communication of this order and the petitioner shall upon payment of the required stamp duty including penalty, if any, within two weeks thereafter be entitled to seek reference of the dispute arising out of the 2 said instrument; failing which this application shall stand automatically dismissed.
The matter stands adjourned for six weeks.
(SOUMEN SEN, J.) A/s.