Bombay High Court
Schindler India Pvt Ltd vs Nine Globe Builders And Anr on 25 July, 2022
Author: G.S. Kulkarni
Bench: G.S. Kulkarni
Digitally signed
by PRASHANT
PRASHANT VILAS RANE
VILAS Date:
RANE 2022.07.28
14:52:49
+0530
pvr 1 18.ARBAP289-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION APPLICATION NO. 289 OF 2021
SCHINDLER INDIA PVT. LTD. ..Applicant
Vs.
NINE GLOBAL BUILDERS & ANR. ..Respondent
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Ms.Shilpa Kapil, for the Applicant.
Ms.Shrada Achilya i/b. Mr.Mukesh Gupta, for the Respondent.
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CORAM : G.S. KULKARNI, J.
DATE : JULY 25, 2022. P.C.:
1. Heard learned Counsel for the parties on this application filed under Section 11 of the Arbitration and Conciliation Act,1996 (for short "the Act"). Learned Counsel for the respondent has raised an objection on the agreement in question being not stamped. In response to such objection, learned Counsel for the applicant has fairly submitted that the document be impounded as would be the requirement of law as laid down by the Supreme Court in Garware Wall Ropes Ltd. Vs. Coastal Marine Constructions & Engg. Ltd. (2019) 9 SCC 209) to be sent for adjudication of the appropriate stamp duty payable on the document.
2. In view of the fair stand taken by the applicant, the agreement in question (Exhibit A) dated 27 October 2016 would be required to be impounded. The applicant is directed to deposit the original of the agreement with the Prothonotary and Senior Master of this Court within one week from today, who shall forward the said document to the concerned Sub-Registrar of Stamps to adjudicate the stamp duty payable pvr 2 18.ARBAP289-21.odt on the said document. The Sub-Registrar shall verify the document and pass appropriate orders directing the party liable to pay the stamp duty.
3. In accordance with the observations of the Supreme Court in paragraph 37 in Garware Wall Ropes (supra), let stamp authority determine the stamp duty payable within a period of 45 days from the date the document is received.
4. The parties are at liberty to move the Court after the document is stamped as per law. Both the parties shall participate in the adjudication of the stamp duty and the Stamp Authority shall pass appropriate orders in accordance with law.
5. All other contentions of the parties on merits of the Section 11 of the Application are expressly kept open.
6. Accordingly, awaiting the decisions on the stamp duty, this proceeding is adjourned sine die, with liberty to move the Court after the document is stamped as per law.
[G.S. KULKARNI, J.]