Punjab-Haryana High Court
Gini & Jony Ltd vs M/S Ureach Telecom Solutions Pvt. Ltd on 29 November, 2013
Author: Sanjay Kishan Kaul
Bench: Sanjay Kishan Kaul
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CM-23236-CII-2013 in
ARB-153-2012
Date of decision:- 29.11.2013
Gini & Jony Ltd.
...Applicant/Petitioner
Versus
M/s Ureach Telecom Solutions Pvt. Ltd.
...Respondent
CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, CHIEF JUSTICE
Present: Mr. A.P. Deshpande, Advocate,
for the applicant/petitioner.
****
SANJAY KISHAN KAUL, C.J. (ORAL)
The arbitration case was disposed of on 13.09.2013 predicated on the premise that the document in question is neither properly stamped nor registered and, thus, there cannot be a reference to arbitration unless the original document is filed in the Court, impounded and sent to be stamped in accordance with law in view of Section 33 of the Stamp Act, 1899. It is averred in the present application that post decision on the petition, during the process of searching the old records and connected papers, the lease-deed in respect of the property, as recorded on requisite stamp paper, had been found which has been annexed as Annexure A2 to the application. Thus, recall of the order disposing of the petition has been prayed for.
However, a perusal of the photocopy of the lease agreement annexed as Annexure P2 shows that it is not signed by either of the parties nor is it dated. I fail to understand how an unsigned document Sharma Amodh 2013.11.29 17:47 I attest to the accuracy and integrity of this document chandigarh CM-23236-CII-2013 in 2 ARB-153-2012 can be said to be a validly executed document containing the arbitration clause. The mere purchase of stamp paper and engrossing of the lease deed on the same would not suffice as the document has never been executed.
In view of the aforesaid, the discovery of the engrossed lease deed which is unsigned and un-dated would be of no avail.
Dismissed.
(SANJAY KISHAN KAUL) CHIEF JUSTICE 29.11.2013 Amodh Sharma Amodh 2013.11.29 17:47 I attest to the accuracy and integrity of this document chandigarh