Rajasthan High Court - Jaipur
Shree Krishna Vatika Homes Llp vs Shri Indra Vijay Singh S/O Col. Shri ... on 29 January, 2021
Author: Indrajit Mahanty
Bench: Chief Justice
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Arbitration Application No. 12/2019
Shree Krishna Vatika Homes Llp
----Petitioner
Versus
Shri Indra Vijay Singh
----Respondent
For Petitioner(s) : Mr. Ajeet Kumar Bhandari through VC For Respondent(s) : Mr. Jaideep Singh Mr. Kuldeep Sharma on behalf of Mr. Akshay Sharma, AGC HON'BLE THE CHIEF JUSTICE Order 29/01/2021
1. Heard learned counsel for the respective parties.
2. Disputes have arisen between the parties during the proceedings pursuant to the development agreement entered into by them dated 10.03.2014. This Hon'ble Court vide order dated 20.09.2019 directed the Collector (Stamps) to adjudicate the stamp duty and interest/penalty to be paid on the aforesaid agreement.
3. In the application filed under Section 48 of the Rajasthan Stamps Act, 1998, it has been averred by the counsel for the applicant as under:-
"4.The Collector (Stamps) Jaipur-I by its order dated 27.05.2020 have ordered following amount to paid in proportion as mentioned in the agreement:
Stamp duty - 35,43,200/-
Surcharge - 3,54,320/-
Interest - 28,45,190/-
Penalty - 28,45,190/-
95,87,900/-
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(2 of 3) [ARBAP-12/2019]
The copy of order dated 27.05.2020 is already on record.
5.That the State Government had issued a notification dated 20.02.2020 according to which if stamp duty and surcharge is deposited before 30.08.2020, there will be exemption from payment of interest and penalty.
6.That according to para 11.1 read with para 16.6 of the Development Agreement the respondent has to pay 58% of the stamp duty i.e. an amount of Rs. 22,60,561/- while the applicant (Developer) has to pay 42% of the stamp duty i.e. Rs. 16,36,959/-.
7.That the applicant made an application dated 19.08.2020 to the Collector (Stamps) Jaipur-I that it is depositing its 42% share of stamp duty, the copy of which is submitted herewith and marked as Annexure-A-1.
8.That the applicant deposited his share of 42% stamp duty amounting to Rs.
16,36,959/- vide E-Challan dated 18.08.2020 copy of which is submitted herewith and marked as Annexure A-2.
9.That as the respondent was not depositing his share of 58% of stamp duty in order to delay the appointment of arbitrator, the applicant made an application dated 27.08.2020 wherein it had submitted that the applicant is depositing the 58% share of stamp duty of the respondent. The applicant has right to recover the same from respondent under section 48 of the Rajasthan Stamp Act, 1998. Copy of application dated 27.08.2020 is submitted herewith and marked as Annexure- A-3.
10.That the applicant deposited 58% of stamp duty amounting to Rs. 22,60,561/- vide E- challan dated 27.08.2020, the copy of which is submitted herewith and marked as Annexure- A-4. The copy of documents showing endorsement of Stamp Duty is submitted herewith and marked as Annexure-A-5."
4. Since the deficit stamp duty has been deposited by both the applicant as well as share of the land owner, the issue that has (Downloaded on 30/01/2021 at 10:14:17 PM) (3 of 3) [ARBAP-12/2019] now been raised is twofold. Firstly, to direct for the appointment of arbitrator and secondly, seeking direction for the respondent to repay the applicant the amount deposited by him on behalf of land owner along with interest, if any.
5. Learned counsel for the respondent is at liberty to file reply to the second part of the prayer made today, but, in view of the fact that the stamp duty has been deposited by the applicant i.e. share of the land owner as well as his own share. There is no impediment in appointing the arbitrator.
6. Learned counsel for the respondent submits that a reply has already been filed by the respondent regarding the claim made by the applicant for reimbursement of the stamp duty paid on his behalf.
7. Accordingly, this Court appoints Hon'ble Mr. Justice M. A. A. Khan (Retd.) (R/o A-19, Raghunath Puri, Kalwar Road, Jhotwara, Jaipur) to act as an Arbitrator and to decide all issues. The arbitration fees shall be in accordance with Fourth Schedule of the Act of 1996.
8. The parties are at liberty to raise all such objections before the Arbitrator.
9. Registry is directed to intimate Hon'ble Mr. Justice M. A. A. Khan (Retd.) of his appointment as Arbitrator and parties are at liberty to call upon reliable date for necessary directions.
10. The matter be listed on 26.02.2021 for consideration.
(INDRAJIT MAHANTY),CJ Sandeep/Harshit-42 (Downloaded on 30/01/2021 at 10:14:17 PM) Powered by TCPDF (www.tcpdf.org)