Karnataka High Court
Mr G Ramakrishna Achar vs Skf Boiler And Driers Pvt Ltd on 19 November, 2021
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.19648 OF 2021 (GM-RES)
BETWEEN:
1. MR. G. RAMAKRISHNA ACHAR
AGED ABOUT 58 YEARS,
S/O LATE SHEENA ACHAR,
R/AT #2-46A SHRI BHAVANI,
OPP. GURUMAT, MARPADI VILLAGE ALANAGAR,
POST MOODABIDRI,
DK DISTRICT - 574 227.
2. SKF PAR BOILED DRIERS PVT. LTD.
HAVING ITS REGISTERED OFFICE,
AT BANNADKA, MOODABIDRI,
DK DISTRICT - 574 227.
REPRESENTED BY SHRI. G. RAMAKRISHNA ACHAR.
3. PRAJWAL ACHAR
AGED ABOUT 28 YEARS,
S/O G. RAMAKRISHNA ACHAR,
R/A #2-46A SHRI BHAVANI,
OPP. GURUMAT, MARPADI VILLAGE ALANAGAR,
POST MOODABIDRI,
DK DISTRICT - 574 227.
...PETITIONERS
(BY SRI. P.P. HEGDE, ADVOCATE)
AND:
1. SKF BOILER AND DRIERS PVT. LTD.,
A COMPANY INCORPORATED AND REGISTERED
UNDER THE PROVISION OF THE COMPANIES
ACT 1956 AND HAVING ITS REGISTERED OFFICE
AT NO.129, BANNADKA, BELVAI,
MOODABIDRE - 574 213.
REPRESENTED BY JITHENDRA KANUAGA.
2. STARTREE TRACON PVT LTD.
A COMPANY INCORPORATED AND REGISTERED,
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UNDER THE PROVISION OF THE COMPANIES,
ACT 1956 HAVING ITS REGISTERED OFFICE,
AT #136, COTTON STREET,
KOLKATTA - 700 007.
3. MR. PRAMOD KUMAR
AGED ABOUT 36 YEARS,
S/O. MR. GOUTHAM CHAND,
R/AT #225, THIMMAIAH ROAD,
BANGALORE - 560 001.
4. CATALYTIC INVESTMENT AND HOLDING
PRIVATE LIMITED,
A COMPANY INCORPORATED AND REGISTERED
UNDER THE PROVISION OF THE COMPANIES ACT
1956 AND HAVING ITS REGISTERED OFFICE
AT NO.22/4, 1ST MAIN ROAD,
1ST FLOOR, NEW TIMBER YARD LAYOUT,
BANGALORE - 560 026.
REPRESENTED BY JITENDRA KANUNGA
...RESPONDENTS
(BY MISS. NIYATHI M., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD. 23.07.2021 PASSED BY THE LXXXVI ADDL. CITY
CIVIL JUDGE AT BANGALORE IN COM.AA 267/2019 DISMISSING
I.A NO. VI VIDE ANNX-D AND CONSEQUENTLY ALLOW I.A. NO.VI
FILED BY THE PETITIONERS VIDE ANNX-C AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioner being the dependent in Com.AA 267/2019 is knocking at the doors of writ court for assailing the orders dated 23.07.2021 & 28.09.2021 respectively at Annexures-D & F whereby his applications for dismissal of the suit and for unfounding of the agreement in question for want of stamp 3 duty have been dismissed by the learned LXXXVI Addl. City Civil Judge, Bengaluru.
2. Learned counsel for the petitioner taking the court to a few decisions of the Apex Court vehemently argues that a document which is unduly stamped cannot be looked into for any purpose including the one for ascertaining the existence of arbitral clause; therefore, he submits, the impugned orders being repugnant to this grand principle have to be set at naught vide GARWARE WALL ROPES vs. COASTAL MARINE CONSTRUCTIONS ENGG LTD, (2019) 9 SCC 209.
3. Learned counsel for the contesting respondents opposes the writ petition contending that the question urged by the petitioner does not merit consideration inasmuch as the deficit stamp duty having been paid at a later point of time, the instrument in question containing the arbitration clause becomes admissible in evidence or for otherwise cognizance; so contending he seeks dismissal of the writ petition.
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4. Having heard the learned counsel for the parties and having perused the petition papers, this Court declines to grant indulgence in the matter broadly agreeing with the contention of the respondents; arguably a document which contains an arbitration clause is liable to be treated as non- existent in a wholesale way for want of payment of stamp duty; however Chapter IV of the Karnataka Stamp Act, 1957 provides for paying the deficit stamp duty on an insufficiently stamped instrument either before the Court or before the statutory authority as the case may be, depending upon the conditions & circumstances; this having happened in the case at hands, no indulgence of this court is called for.
In the above circumstances, this writ petition is disposed off as having become infructuous.
It is open to the respondents to produce the proof of making good the deficit stamp duty in the Court below and it is open to the petitioner to take up a stand in that regard.
All contentions are kept open; costs are made easy.
Sd/-
JUDGE DS