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1986 DIGILAW 181 (DEL)

PEOPLE CO OPERATIVELABOUR AND CONSTRUCTIONSOCIETY LIMITED v. UNION OF INDIA

1986-04-10

JAGDISH CHANDRA

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Jagdish Chandra ( 1 ) SUIT No. 369a/83. The office has raised two objections against the interim award and these objections are that the award filed in court is not an original one and further that court fee stamp has not been paid thereon. It is pointed out by the learned counsel for the claimant that the interim award is an original one and it is being called a copy for the reason that it does not bear the court fee stamp. He has further submitted that no court fee stamp is required on the arbitration awards by way of concession granted by the Government of India to co-operative societies and that the claimant happens to be a co-operative society. He has invited the attention of the court to notification No. 1245, dated 16th May, 1919 which reads as follows : "in exercise of the powers conferred by Section 9, clause (a) of the Indian Stamp Act, 1899 (II of 1899), the Government of India is pleased to remit the duty chargeable under Article 12 of Schedule I of the said Act on the awards of arbitrators in all disputes to which Co-operative Societies in Delhi Province are parties. " ( 2 ) THUS, in view of this notification, no duty is chargeable under the Indian Stamp Act. It is pointed out by Mr. P. N. Kumar counsel for the claimant that this notification is still subsisting. He has further pointed out that a copy of this notification was given by him to Ms. Reva Khetrapal counsel for the respondent-Union of India to find out if it was still sub-sisting or not or had been repealed by some other notification, but she has not been able to do so. So, the objection of the office regarding the stamp duty is rejected. The interim award bears the signatures of the arbitrator and so it can be taken as the original one. So, both the office objections stand negatived. The office objections stand disposed of. I. A. No. 1022/86. (Objections against the award by respondentunion of India ). Reply has already been filed to these objections by the petitioner society. Copy received by Ms. Reva Khetrapal counsel for respondent- Union of India who wants to file a rejoinder. Rejoinder may be filed within three weeks from today. The I. A. be listed on 8th May, 1986 for disposal.