Madhya Pradesh High Court
Rajeev Agnihotri vs Ashok Jain on 17 August, 2020
Author: Prakash Shrivastava
Bench: Prakash Shrivastava
THE HIGH COURT OF MADHYA PRADESH
AC No. 9 of 2020
Indore, Dated: 17/8/2020
Shri Manoj Munshi learned counsel for the applicant.
Shri Vijayesh Atre learned counsel for the respondent.
There was a preliminary objection raised by respondent to the effect that arbitration agreement is not properly stamped. This Court on 13/7/2020 had directed the Principal Registrar to examine the arbitration agreement and submit his report if the same is properly stamped. The report/opinion of Principal Registrar dated 28/7/2020 has been received.
Learned counsel for applicant has filed written objection/rebuttal affidavit dated 7 th August 2020 questioning the opinion of the Principal Registrar as also disclosing that the applicant has already filed an application before the Collector of Stamps under Section 31 of Stamp Act on 29/7/2020 and the matter is pending consideration before the Collector of Stamps.
In view of the fact that the issue relating to sufficiency of stamp duty on the arbitration agreement is being examined by the Collector, it would be an unnecessary exercise at this stage to go into that issue. The respondent will have an opportunity to raise all possible legal objection in the pending matter before the Collector of Stamps. The Collector of Stamps is directed to decide the pending application expeditiously.
List in the week commencing 7th September 2020.
(Prakash Shrivastava) Judge BDJ Digitally signed by Bhuneshwar Datt Date: 2020.08.17 16:34:47 -07'00'