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Widescreen Holdings Private Limited vs Religare Finvest Limited on 19 September, 2022

Bench: M.R. Shah, Krishna Murari

                                                        1

     ITEM NO.36                                 COURT NO.8                 SECTION XIV

                                  S U P R E M E C O U R T O F          I N D I A
                                          RECORD OF PROCEEDINGS

     Miscellaneous Application Nos. 1547-1550/2022 in SLP(C) Nos. 6826-
     6829/2022

     (Arising out of impugned final judgment and order dated 22-04-2022
     in SLP(C) No. 6826/2022 22-04-2022 in SLP(C) No. No. 6827/2022 22-
     04-2022 in SLP(C) No. 6828/2022 22-04-2022 in SLP(C) No. 6829/2022
     passed by the Supreme Court Of India)

     WIDESCREEN HOLDINGS PRIVATE LIMITED & ANR. ETC.                        Petitioner(s)

                                                       VERSUS

     RELIGARE FINVEST LIMITED & ANR. ETC.                                   Respondent(s)

     (FOR ADMISSION and IA No.122921/2022-CLARIFICATION/DIRECTION)

     Date : 19-09-2022 These matters were called on for hearing today.

     CORAM :                HON'BLE MR. JUSTICE M.R. SHAH
                            HON'BLE MR. JUSTICE KRISHNA MURARI

     For Petitioner(s)                   Mr.   Nakul Dewan, Sr. Adv.
                                         Mr.   Aman Raj Gandhi, AOR
                                         Mr.   Vardaan Bajaj, Adv.
                                         Ms.   Neelu Mohan, Adv.

     For Respondent(s)                   Mr. Sandeep Devashish Das, AOR
                                         Mr. Gaurav Agarwal, Adv.
                                         Mr. Vipin Tyagi, Adv.

                             UPON hearing the counsel the Court made the following
                                                O R D E R

In the present Miscellaneous Applications, in a disposed of Special Leave Petition(s), the following prayers are sought:-

“a. provide a final and conclusive finding on the question of law involved in the captioned SLP i.e. whether the Maharashtra Stamp Act, 1958 or the Indian Stamp Act, 1899 would be applicable to the Loan Signature Not Verified Agreement;

SNEHA Date: 2022.09.20 15:50:54 IST Reason: b. direct the Arbitral Tribunal with respect to the said question of law;”  2 At the outset, it is required to be noted that our earlier Order dated 20.05.2022 in M.A. Nos. 899-902 of 2022 in the respective Special Leave Petitions is very clear. We have specifically observed that the Arbitrator has to take a call on whether the original document produced is on a proper stamp duty or not. For that purpose, the Arbitrator has to decide whether the Maharashtra Stamp Act, 1958 or the Indian Stamp Act, 1899 would be applicable to the Loan Agreement.

In that view of the matter the present miscellaneous applications are untenable and the same deserves to be dismissed and are, accordingly, dismissed.

(R. NATARAJAN)                                              (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS                                     ASSISTANT REGISTRAR